sou · H7B339 · 2019-08-16 00:00:00 — The chapter then addresses the requirements introduced for media service providers to provide information about content that may im- pair the physical, mental or moral development of minors. The require- ments imposed by Swedish legislation are currently limited to TV broadcasts providing a warning when broadcasting programmes includ- ing detailed depictions of violence of a realistic nature or pornographic images (Chapter 5, Section 2 of the Radio and Television Act). The Inquiry proposes that the current requirement for a warning should be replaced with a new provision whereby a party that broad- casts TV programmes or provides on-demand TV programmes con- taining realistic depictions of violence or pornographic images should provide information to viewers describing the content and warning about its potential harm. The new provision should be monitored by the Broadcasting Commission. The Inquiry also proposes that the should be tasked with supporting the stake- holders in drawing up a joint system for content classification and information about content. The revised directive also imposes requirements on protecting the personal data of minors collected or otherwise generated by media service providers. Such personal data may not be used for commer- cial purposes such as direct marketing, profiling and behavioural tar- geted advertising. The Inquiry proposes that a provision should be added to the Radio and Television Act and that compliance with the provision should be monitored by the Protection Authority. The chapter ends with the requirements of the revised directive that Member States shall promote and take actions to develop media literacy. The Inquiry notes that work is being carried out to improve media literacy in . Efforts are also being undertaken to develop ways in which to channel this work. The Inquiry therefore assesses that meets the revised directive’s requirements for promoting and developing media literacy. Member States shall report to Commission no later than and subsequently every three years on how they have met the requirement to promote and take actions to develop media literacy. It is proposed that the and Broad- casting Authority and the should be tasked, working in close cooperation, to map – and report every three years –which actions have been taken to promote the development of media literacy in . Chapter 9 Audiovisual commercial communications The revised directive contains changes of the advertising rules in order to create more equal competitive conditions for on-demand TV service providers and TV broadcast providers. These changes include a liberalization of the amount of advertising that can be included in TV broadcasts and stricter provisions on alcohol adver- tising in on-demand TV. The changes also involve simplifying the provisions on product placement. Member States must also take actions to ensure that audiovisual media services are not overlaid for commercial purposes or modified without the consent of the provider. Advertisement spots can currently be broadcast on TV for a maximum of twelve minutes within a given clock hour. The Inquiry is of the opinion that the Swedish legislation should reflect the more liberal and flexible approach expressed by the revised directive in terms of advertising time. The Inquiry therefore proposes in Chapter 9 that the Radio and Television Act should be amended so that advertisement spots can be broadcasted on TV for a maximum of 20 per cent of the time between 06:00 and 18:00 and 20 per cent of the time between 18:00 and 24:00. It is also proposed that a new provision should be added to the effect that neutral frames between editorial content and advertising, and between individual advertising spots, should not be counted as advertising time. It is proposed that the exception covering self- promotional activities should be expanded to include advertising for programming from other media service providers within the same media group. When it comes to product placements, the Inquiry proposes that the main rule should be that product placements are allowed in programmes on both TV and on-demand TV, with the exception of news and current affairs programmes, consumer affairs programmes, religious programmes and programmes aimed primarily at children under the age of twelve. According to the Inquiry, the revised directive’s stricter provisions on alcohol advertising via on-demand TV do not involve a need to carry out any special measures in national legislation as the national ban on commercial communication for alcohol already includes on- demand TV. The Inquiry finally proposes that a new provision should be added to the Radio and Television Act stating that TV broadcasts and on- demand TV may not be overlaid for commercial purposes or modi- fied without the consent of the media service provider. Chapter 10 Accessibility for persons with disabilities In Chapter 10 the Inquiry reports its considerations regarding the accessibility of programmes for persons with disabilities. The Inquiry proposes that it should be possible to impose re- quirements for on-demand TV programmes transmitted by landline (which are excluded from the current provisions) to ensure accessi- bility for persons with disabilities. With this proposal the Inquiry considers that the provisions on accessibility in the Radio and Tele- vision Act fully meet the requirements for accessibility for persons with disabilities imposed by the revised directive. The Inquiry proposes that media service providers that are sub- ject to the requirement to make services accessible should report on how they have met the requirement. Media service providers are also required to develop action plans on how their services will be made more accessible. According to the revised AVMS Directive, every appoint an easily accessible online point of contact providing information and receiving complaints regarding these accessibility issues. The Inquiry proposes that the and Broad- casting Authority should provide such an online point of contact. Messages of importance to the public that according to licence conditions should be broadcast on TV shall, when possible, be designed so that they are accessible to persons with disabilities. The Inquiry assesses that no corresponding requirement should be intro- duced for audio radio broadcasts. Chapter 11 Promotion of European works In Chapter 11 the Inquiry deals with matters relating to the promo- tion of European works. In the revised directive the obligations for providers of on-demand TV increases so that at least 30 per cent of the service’s catalogue should contain European works, and these should also be given prominence. The current Swedish regulation on the promotion of European works do not apply to broadcasts or on-demand TV by landline. The Inquiry proposes that changes are made to the Radio and Television Act so that all TV broadcasts and on-demand TV are covered by the provisions. According to the Inquiry’s proposal, on-demand TV providers should promote European works so that at least 30 per cent of the service’s catalogue consists of works of European origin and that these works should be given prominence. This obligation should not apply to providers with a low turnover or a low audience. should it apply if the obligation were to be impractical or otherwise un- justified. Providers shall report on how the requirement has been met. Such an obligation to report may be burdensome, both for the service provider and for the and Broadcasting Authority which will collect and compile the reported data. The Inquiry there- fore proposes that the Authority should have the opportunity to create flexibility in this reporting. It is also proposed that the and Broadcasting Authority should have the opportu- nity to grant exemptions from the obligation to report for TV broadcast providers. Chapter 12 The regulatory authorities’ independence and effective appeal mechanisms The revised directive requires that Member States’ regulatory autho- rities and bodies are independent of the Government and other public and private bodies. The activities carried out should be impartial and transparent, and should be subject to review. The authorities’ com- petence and authority should also be clearly defined by law. revised directive establishes principles for the appointment and dis- missal of the heads of the authorities and members of the collegiate bodies. In Chapter 12 the Inquiry assesses that the Swedish administrative model guarantees that the and Broadcasting Author- ity and other authorities with duties within the Directive’s field are legally separate from and functionally independent of the Government and other public or private bodies. In the Inquiry’s view there is therefore no need for changes in Swedish law in order to ensure the correct implementation of the provisions on impartiality, transparency and independence. is there a need for any changes to Swedish law in order to implement the requirement concerning the powers of the regulatory authorities or how they can be held responsible. , according to the Inquiry’s assessment, do the requirements that Member States should ensure that national regulatory authorities or bodies have sufficient financial resources and staffing and sufficient authority to maintain compli- ance in order to be able to carry out their duties in an appropriate and to contribute towards the work of Regu- lators Group for (), require any changes to Swedish law. The Inquiry proposes that the and Broadcasting Authority should be appointed as the regulatory authority in accord- ance with the AVMS Directive to the extent that the regulatory task does not lie with any other authority. The Inquiry also proposes that it should be clarified in the Authority’s instruction that it should participate in ERGA’s work, and within the framework of ERGA’s work cooperate with other Swedish authorities that carry out duties within the Directive’s field. Issues relating to the appointment and dismissal of the Director of the and Broadcasting Authority and members of the Broadcasting Commission are also dealt with. Changes are pro- posed regarding who can be a member of the Broadcasting Commis- sion in order to further reinforce its independence. The Chapter ends by addressing the requirement in the revised directive for effective appeal mechanisms at national level. The Inquiry assesses that this requirement does not require changes to Swedish law. Chapter 13 Review of the Radio and Television Act based on a new security situation In Chapter 13 the Inquiry reports its considerations regarding how national security interests can be safeguarded when allocating licences for TV, searchable teletext and audio radio in the terrestrial networks. This issue relates to the question whether the and Broadcasting Authority should be able to reject an application for a broadcasting licence or revoke a licence on the grounds that the party in question may be deemed to represent a national security risk. This is a complex issue and requires considerations on matters such as to what extent rules with this content involves a restriction of the freedom of speech and information. Freedom of speech and its fundamental importance in a demo- cratic society are a natural starting point for the Inquiry’s considera- tions. The Inquiry has considered various alternatives in order to achieve the aim of safeguarding national security interests. One alter- native that has been assessed is to give the and Broad- casting Authority power to refuse a licence to a party deemed to represent a threat to national security. This would apply both when awarding licences and when the Authority grants permission to trans- fer licences and give ground to revoke a licence if the licence holder is deemed to constitute a danger to the national security. Such an assessment would focus on the applicant and its operations, not on the content of the broadcasts. The overall assessment of the Inquiry, however, is that such an alternative cannot be proposed in view of the protection of the fundamental principles of freedom of expression. According to the Inquiry, rules that aim to safeguard national secur- ity interests should focus on an assessment of the content of broad- casts. Such regulation should relate to a subsequent intervention – e.g. by revoking a broadcasting licence – if it transpires that the licence holder is carrying out broadcasts with content that could constitute a danger to national security. The Inquiry assesses that new grounds for revoking licences with this content should be added to the Radio and Television Act. However, the more detailed struc- ture of such rules requires further investigation. The Inquiry further considers that increased transparency about ownership conditions in the media market can make it easier for consumers to get an idea of the content of a media service. of a requirement for increased transparency of media service provider ownership structures should be investigated more closely, especially in relation to the Freedom of Expression Act. Chapter 14 The licence period for terrestrial TV In Chapter 14 the Inquiry considers the question of how long li- cence periods for commercial TV in the terrestrial network should be. The licence period for public service broadcasted TV will be eight years with effect from 2026 but is currently and six years for com- mercial TV licences. The Inquiry considers that synchronised licence periods would make it easier to award licences and to promote the effective use of frequencies. The Inquiry therefore assesses that the length of licence periods for public service broadcasts and commercial TV should be the same. However, in view of the fact that it is not necessary to submit proposals now on eight-year licence periods that will not apply until 2026–2033, the issue of the duration of licence periods for TV other than public service TV should be investigated further before the licence period that begins 2026. One reason for investigating this issue at a later stage is that it cannot be viewed in isolation from media market developments. This involves factors such as the declining interest in terrestrial broad- casts, the development of other distribution platforms and the public’s changing media consumption patterns. In the Inquiry’s opinion, it is reasonable to assume that the immediate future will involve further developments in terms of technology for TV distribution and changes to commercial conditions within the media market. Another reason for returning to this issue is that it has points of contact with frequency policy, in other words how society chooses to make it possible to use the available radio spectrum. The Inquiry also emphasizes that a broad overview can provide the scope to review issues that are of significance for the terrestrial network’s development and competitiveness including the design of the system for awarding licences. Chapter 15 Must carry In Chapter 15 the Inquiry deals with two issues related to the must carry obligation. The starting point for the Inquiry’s considerations is a report submitted by the and Broadcasting Authority in which the Authority proposes that the channels subject to must carry obligations should have different content and that searchable teletext should be included in the must carry obligation. The chapter begins with an overview of the basis in EU law for introducing must carry obligation followed by the provisions on must carry in the Fundamental on Freedom of Expression and the Radio and Television Act. The aim of the must carry obligation is to secure that residents in a property connected to a cable network have access to the same public service offering as they would have had if the property had not been connected to the network. The must carry obligation does not cover more than four channels broadcast simultaneously by public service. currently broadcasts six channels via the terrestrial network. Two of these consist of parallel broadcasts in high definition. An operator can thus fulfil the must carry obligation by broadcasting two chan- nels in standard definition and two channels with the same content in high definition. The Inquiry proposes that channels covered by the must carry obligation should have different content. Such a requirement would meet the public need for balanced information and the aim of the must carry obligation would be met. Searchable teletext from public service is not included in the must carry obligation. The Inquiry considers that searchable teletext is an integrated part of the public service offering and that it is natural to see searchable teletext as part of the overall public service offering. The Inquiry therefore proposes that searchable teletext should be included in the must carry obligation, provided that the broadcasts are carried out under conditions in terms of impartiality and object- ivity. Since searchable teletext primarily consists of news and infor- mation, a condition on a diversified range of programmes that must include news coverage should not be required. Chapter 16 Should on-demand radio be covered by the Radio and Television Act? In Chapter 16 the Inquiry addresses the question of whether certain fundamental provisions in the Radio and Television Act should apply to on-demand radio from public service broadcasters. The offerings of and listening to on-demand radio have increased in recent years. However, the Radio and Television Act’s provisions on audio radio only apply to broadcasts. This means for example that the so-called democracy provision in the Radio and Television Act does not apply to public service on-demand radio. The Inquiry’s opinion is that all activities financed by the public should meet certain fundamental requirements. Technological neutra- lity should also be striven for wherever possible. The Inquiry proposes that a definition of on-demand radio should be added to the Radio and Television Act where On-demand radio is a service whereby a media service provider with the purpose to inform, entertain or educate provides the public with programmes on request at a time of the user’s choosing. The Inquiry’s opinion is that the more fundamental provisions in the Radio and Television Act also should apply to on-demand radio from public service. The Inquiry therefore proposes that the demo- cracy provision – as well as the provision on undue prominence of commercial interests and the provisions on sponsorship – should apply to on-demand radio from public service. It is also proposed that the Broadcasting Commission’s remit should be expanded to include on-demand radio from public service. For this purpose, the and Broadcasting Authority shall be able to request that a recording shall, without charge, be submitted to the authority. Chapter 17 Sanctions in the Radio and Television Act In Chapter 17 the Inquiry deals with issues relating to sanctions in the Radio and Television Act. Several provisions in the Act lack an opportunity for sanctions or the effectiveness of the current sanc- tion is questionable. The and Broadcasting Authority has in a communication to the Government remarked that this makes the Authority’s regulatory work more difficult. In several cases it is not possible to sanction a commercial radio licence holder if it fails to comply with the conditions set in the licence. The Inquiry proposes that it should be possible to order parties with a licence to broadcast analogue or digital commercial radio and who do not meet certain set conditions to follow these conditions. It should be possible for such an order to be issued by the and Broadcasting Authority and to be combined with a conditional fine. It should also be possible to revoke a licence to broadcast digital commercial radio that includes conditions whereby the ownership of and influence in the company holding the permit may not be changed to more than a limited extent, if the licence holder has significantly breached these conditions. TV broadcasters and on-demand TV providers should ensure that the recipients of their services always have easy access to certain information. This provision lacks the opportunity for sanctions. The Inquiry proposes that it should be possible to order TV broadcasters and on-demand TV providers to provide this information. An obligation should be announced according to the Marketing Practices Act and be combined with a conditional fine unless this is unneces- sary for specific reasons. The and Broadcasting Authority has also stated that the sanction of conditional fine linked to the requirement for TV broadcasts to be made accessible to persons with disabilities is not effective. The Inquiry notes that the current sanctions – an opportunity to decide on a conditional fine – cannot be deemed to be appropriate. The Inquiry proposes that it should be possible to order those who do not comply with the decision on the obligation to design TV broadcasts, on-demand TV or searchable teletext in such a way that the services are accessible to persons with disabilities to pay a specific fee. It is proposed that the issue of charging this specific fee should be assessed by the Broadcasting Commission when decisions on requirements relating to accessibility for persons with disabilities are made by the Government and by the and Broad- casting Authority in other cases. It should be possible to appeal these decisions. Chapter 18 Related issues The Inquiry has the possibility to propose legislative changes that are not directly attributable to the remit but that are linked to it, provided that it is still deemed possible to report on the main issues in time. In Chapter 18 the Inquiry submits proposals on the follow- ing related issues. Improper promotion of the commercial interests of others in connection with self-promotional activities The provision on improper promotion in the Radio and Television Act applies to programmes that are not advertisements. This means that the provision cannot be applied in the event of improper pro- motion in connection with self-promotional activities, i.e. advertise- ments for a party’s own programming. The Inquiry proposes that it should not be permitted to promote commercial interests of others in connection with self-promotional activities. Product placement of preparations similar to alcoholic beverages In 2019 certain changes were made to the Alcohol Act (2010:1622) and other legislations in order to achieve regulations that are as similar as possible for alcoholic beverages and preparations similar to alcoholic beverages. For example, the prohibition in the Radio and Television Act for a party whose main business activity involves manufacturing or selling alcoholic beverages sponsoring programmes has been expanded to include sponsorship by a party whose main business activity involves manufacturing or selling preparations simi- lar to alcoholic beverages. The Inquiry also proposes that product placements of preparations similar to alcoholic beverages should be prohibited. Sponsorship by pharmaceutical companies on audio radio According to the Radio and Television Act certain restrictions apply if a pharmaceutical company sponsors a programme on TV, searchable teletext or on-demand TV. In such cases the sponsorship sign can only promote the name or reputation of the company, and not pre- scription medications or treatments that are only available on prescription. There is no corresponding provision for sponsor- ship on audio radio. This breaches the systematics of the Radio and Television Act as other provisions prohibiting or restricting certain types of sponsorship apply to both TV and radio. Disparities in regulation can also create distortions in the advertising market.