13 Nov 2009


Executive Summary

The implementation of the directive on Audiovisual Media Services in the Member States will enable national audiovisual laws to address the issues at stake in new services and new means of distribution. This adaptation should foster creativity and ensure the promotion of European works and their integrity.

Four aspects of the utmost importance are highlighted by FERA:

– Promotion of European works

The directive asks Member States to encourage the promotion of European works by on demand services. FERA recommends giving figures details when implementing the measures provided by the directive (financial contribution to the production and rights acquisition and prominence in the catalogue of programmes). In addition, FERA recommends implementing a third measure provided by recital 48: the attractive presentation of European works in electronic programme guides.

FERA considers the directive implementation as an opportunity to also revise the provisions regarding traditional broadcasters when these still allow them to disregard their obligation of broadcasting a majority of European works. In addition, the definition of European works should focus on creative works.

– Advertising breaks

FERA recommends that Member States do not lower advertising breaks frequency to 30 minutes but keep the existing rules for the cinematographic and audiovisual works (interval of at least 45 minutes when Member States allow advertising breaks in films). Member States who do not allow advertising breaks in films broadcasted on TV should keep this rule.

– Product placement

The directive gives Member States the possibility to decide not to allow product placement in their legislation. FERA recommends that product placement is prohibited or at least that its use be strictly controlled. Product placement should not prejudice the artistic freedom of authors and viewers must be given clear information on product placement, whatever the origin of the program.

The monitoring of the application of the directive

FERA advocates a better control of the application of the directive, especially to monitor the contribution of the on-demand audiovisual media services to the financing of the audiovisual production. In addition, FERA urges a more thorough and structured enforcement of the new directive, at a national and European Commission level.

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Recommendations Implementation AMS Directive November 2007