# EUR-Lex - 51996IP0243 - EN

Avis juridique important

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# 51996IP0243

**Resolution on the role of public service television in a multi-media society **

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Official Journal C 320 , 28/10/1996 P. 0180 *

A4-0243/96

Resolution on the role of public service television in a multi-media society

The European Parliament,

- having regard to its resolution of 16 September 1992 on media concentration and diversity of opinions ((OJ C 284, 2.11.1992, p. 44.)),

- having regard to its resolution of 20 January 1994 on the Commission Green Paper 'pluralism and media concentration in the internal market' ((OJ C 44, 14.2.1994, p. 177.)),

- having regard to its resolution of 15 June 1995 on pluralism and media concentration ((OJ C 166, 3.7.1995, p. 133.)),

- having regard to its resolution of 14 July 1995 on the Green Paper 'Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union' (COM(94)0096 - C3-0222/94) (( OJ C 249, 25.9.1995, p. 219.)),

- having regard to its opinion of 14 February 1996 on the proposal for a European Parliament and Council Directive amending Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(95)0086 - C4-0200/95 - 95/0074(COD)) ((OJ C 65, 4.3.1996, p. 96.)),

- having regard to Article 92(3)d of the EC Treaty, which provides that 'aid to promote culture and heritage conservation, where such aid does not affect trading conditions and competition in the Community to an extent that is contrary to the common interest', may be considered to be compatible with the common market and therefore authorized,

- having regard to Article 128(1) and (4) of the EC Treaty, which states that 'the Community shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore' and 'shall take cultural aspects into account in its action under other provisions of the Treaty',

- having regard to the resolution on the future of PSB adopted unanimously at the 4th European Ministerial Conference on Mass Media Policy, Council of Europe (Prague, 7-8 December 1994),

- having regard to the European Court of First Instance judgment of 11 July 1996 in the EBU/Eurovision case,

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Culture, Youth, Education and the Media (A4-0243/96),

A. whereas 'citizenship ̈ as mentioned in Article A of the EU Treaty and Article 8 of the EC Treaty is normally understood as civil society, a political community and a public sphere where democratic debate takes place and where citizens can articulate their own opinions about the important European issues of the day,

B. whereas public sector broadcasting is an aid to informed citizenship; whereas it is an agency of representative pluralism bringing together different groups in society in a common conversation that shapes public opinion,

C. whereas television, as the dominant mass medium, is today the main source influencing thought and imagination in the Member States of the EU,

D. whereas all television companies, whether wholly publicly owned or private, should be considered as providing a public service, not only as the recipients of concessions or authorizations but also and primarily as being jointly responsible in ethical terms to the viewers,

E. whereas PSB is a fundamental player in the public sphere with a remit to:

- offer a wide range of quality production in all genres to the whole population in their respective Member States,

- reflect and support the cultures of Europe's nations and regions through a wealth of original productions,

- encourage understanding of the non-European cultures and ethnic groups present in the Union, transmitting the notion of shared experience in diversity,

- set quality standards in popular programmes followed by mass audiences,

- serve minority interests and cater for all different sections of the population,

- provide unbiased and fully independent information, both in news coverage and in-depth factual programming, capable of earning the audience's trust and of representing a reference point in the rapidly expanding information market,

- play a major role in encouraging the public debate that is vital for the proper functioning of democracy and provide a forum for debate for all groups and organizations in society,

- ensure that the general population has access to events of general public interest, including sports events,

- pioneer innovative programme types, genres and services,

- encourage audiovisual creation and the expression of new talents particularly by providing broadcasting opportunities for independent producers,

- lead the way in applying the full potential of new audiovisual technology such as terrestrial and satellite-based digital transmission, audiovisual services and CD-ROM to public policy areas such as education, health and government information,

- ensure, on the basis of the principle of democratic access to the new media, that where access to new technology is not available to individuals these new services are made readily accessible to the community at large within public institutions and public places,

F. whereas television will remain the most influential medium in society and the main vehicle for the transmission of cultural and democratic values,

G. whereas public service television has a specific role to play in visual education and teaching,

H. whereas the media have enormous power to influence viewers; whereas, therefore, the closest attention should be paid to the harmful effects that the depiction of violence on television may have, particularly on young people,

I. whereas a genuine quality public-service channel must aim to put the viewer in the position of a citizen and actor in relation to modern information and not simply in the position of a viewer or consumer,

J. whereas over the last 15 to 20 years EU Member States have developed mixed private/public broadcasting systems in which public service broadcasting plays a specific role,

K. whereas the rapid processes of concentration under way are leading to the emergence of highly powerful private transnational groups, with the result that public service broadcasting may be reduced to a marginal role, especially in the smaller countries,

L. whereas it is vital that the inherent quality and content of PSB's popular programming, including special interest programmes for minority audiences, are clearly differentiated in the public perception from programming by commercial broadcasters, who are obliged to give a priority to high audience ratings and profitability as a direct responsibility to their shareholders; whereas, although there will naturally be an overlap in areas of popular programming - sport, comedy, drama, news and current affairs - the public should continue to be aware of the importance of PSB independence of thought and impartial social commentary,

M. whereas both commercial and public service broadcasting sectors should be regulated where appropriate, while recognising that commercial and public service sectors should be seen as having separate and specific priorities, aims and objectives in relation to their audience; whereas certain public service tasks can however also be performed by commercial broadcasters,

N. whereas public service broadcasters have a crucial role to play in the promotion of local, regional, national and European cultures and of the cultures of non-European origin which exist alongside them in the Union, thus enriching its cultural diversity, and the growth of Europe's audiovisual industries in the information society,

O. whereas it would be meaningless to speak of public sector broadcasting only where it is specifically aimed at a particular section of the public or a minority; whereas public service programmes should encompass a suitable balance of entertainment, culture, spectacles and education,

P. whereas PSB is a television producer within the nation-state and can also play an increased role in building the European public sphere of citizenship,

Q. whereas the choice of programmes of non-national European content broadcast by PSBs is less than 10%, so at the present time there is no significant pan-European dimension,

R. whereas PSBs should address local, regional, national and pan-European needs,

S. whereas pan-European PSBs have a central role to play in serving the collective interests of Europeans rather than individual national interests,

T. whereas, increasingly, centres of academic excellence as well as schools are incorporating television programmes into the curriculum; whereas the vital impact of drama and documentary film can stimulate the imagination, provoke discussion and revitalize our understanding of many subjects - literature, history, language, geography and society,

U. whereas greater European content on TV would give citizens important knowledge and information for their participation in the civic, social, political and economic development of the EU,

V. whereas a strong production base in the European programme industry is essential on economic, social and cultural grounds,

W. whereas PSBs are, in general, the main investors in original European production, among the main exporters of European programming and a great and unique resource for European audiovisual production,

X. whereas public service broadcasters must be able to invest in the new technologies and the new audiovisual services, so that they can adapt to present and future television broadcasting,

Y. whereas there is a need for a vast production of high quality multi-media material for the information society, which PSB broadcasters with their extensive archives are well placed to supply,

Z. whereas EU competition rules should not produce a harmful fragmentation of European public service television when it is facing global competition, particularly where the acquisition of sports rights is concerned,

AA. whereas, given that the role of public service television also includes stimulating employment by promoting the training of young people in the new media professions, there should be a policy of incentives for creativity, new projects and new productions,

AB. whereas less than a quarter of behind-the-camera non-acting work in television in the EU is done by women, thus necessitating equal opportunity policies, particularly in the field of technical training,

AC. whereas public service broadcasters are beginning to convert to programmes of improved technical standards, which will be essential to sustain their audience and thus maintain their mission of information, entertainment and popular education,

1. Considers that media policy in Europe, at a national and European level, should support public service broadcasting and proclaim its specific role within the rapidly changing audiovisual environment;

2. Welcomes the addition of Article 92(3)(d) of the EC Treaty which allows for appropriate support for the Member States' cultures, and calls on the Commission to make the greatest possible use of this provision to underwrite national financing systems of support for radio, television and the press;

3. Considers that competition and internal market policy should take account of the positive role of public broadcasting in achieving EU objectives, and calls on the Commission to produce guidelines for an EU approach to PSB in these contexts;

4. Recognizes that Member States are free to decide how their public broadcasting services are financed;

5. Considers that national and European media policy objectives coincide with the objectives of PSB at its best - notably to foster Europe's diverse cultures, to promote equal citizenship and to ensure that the information society does not divide Europeans by developing an information-rich and information-poor society;

6. Considers that PSB is a key element for the development of an information society for all, ensuring that the largest possible number of citizens benefit from the potential offered by new digital applications and services;

7. Considers that the development of new services must be a means of increasing cultural expression and genuine consumer choice and therefore public service broadcasters must take a lead in the development of new services and full use of all the new technologies;

8. Believes that public broadcasters must also be allowed to broadcast new digital material provided its content is compatible with their remits and that in particular consumer instructions in decoder systems must make public full-spectrum service channels easily identifiable;

The Commission

9. Calls on the Commission to propose as soon as possible adjustments in the Treaty so the Union can develop a positive policy on PSB recognising its crucial importance in building national and European citizenship rather than a policy which is based exclusively on exceptions to provisions on competition and internal market policy;

10. Calls on the Commission to continue to view public funding as legitimate for public service companies provided they strictly fulfil their public service obligations; welcomes the fact that the Commission is currently preparing guidelines on state aid for culture, the arts and the audiovisual sector in order to clarify state aid policy in this field; considers that public funding for public service broadcasting organizations does not constitute state aid as long as the overall funding, including any commercial revenue from advertising and sponsorship, is commensurate with the broadcaster's public service remit; confirms that licence fees paid by customers to broadcasters are not covered by Article 92 of the EC Treaty;

11. However, in the interim, calls on the Commission to exclude PSBs from the provisions of the proposal for a directive on media concentration and pluralism;

12. Calls on the Commission to build on the strength of national broadcasters working together in the EBU and not to pursue policies that fragment European public service television; calls on the Commission to renew the exemption (under Article 85(3)) granted to the Eurovision system for the joint acquisition of rights;

13. Calls on the Commission to refrain from measures which could endanger the autonomy of Member States to regulate the financing systems of their respective PSBs;

14. Calls on the Commission to support, enhance and extend the communication between EU public broadcasters in the interests of pan-European co- productions and pan-European broadcasting;

15. Calls on the Commission to finance preliminary feasibility studies which assist in the establishment of pan-European public service channels specialising in European film, drama, news and documentaries;

16. Calls on the Commission to encourage the adoption of a common charter or code of conduct for European public service broadcasting organs to guarantee the public service ethic;

17. Calls on the Commission, in its forthcoming Green Paper on new audiovisual services, to recognize a key role for PSB in the development of such services;

18. Considers that, for PSBs to remain available to all citizens, EU policy for the information society must ensure that they are capable of reaching the audience that finances them through all digital and analogue delivery systems - satellite, terrestrial, cable, telecoms networks - when necessary through:

- obligations for cable companies to offer PSB programmes;

- obligations for satellite TV companies to offer PSB programmes to viewers receiving satellite channel packages when these programmes are receivable by satellite; and

- obligations to make PSB programmes easy to find for viewers in multi- channel navigation systems (electronic programme guides);

19. Calls on the Commission to research and, where appropriate, to foster the development of digital services capable of operation as public service broadcasting multiplexes, thus sustaining the cultural diversity at the heart of the public service ethic, which is an important buttress to genuine pluralism;

20. Calls upon the Commission to support financially European public service broadcasting organizations such as Arte and Euronews, with a pan-European remit, serving the collective interests of Europeans;

21. Calls on the Commission to encourage the granting of transmission rights for major sports events to free-to-air television channels;

22. Considers inadmissible - including from the point of view of the correct application of the rules on competition - the improper granting of exclusive rights to broadcast sporting events and scientific and technical shows or events, which should be broadcast by all information media for the widest audience;

Public service broadcasters

23. Calls on PSBs to increase the broadcasting of non-national and multi- cultural programming, thereby fulfilling their mandate to educate and inform, which will help to build a European and democratic public sphere, where citizens can articulate their own opinions about the important European issues and policies of the day;

24. Calls on broadcasters to invest in intra-European co-production and exchange of programmes, making use of support programmes such as MEDIA 2 and the proposed European Audiovisual Guarantee Fund;

25. Calls on PSBs to maintain their excellent news analysis and impartial programming, in particular in documentary, news and current affairs coverage, since this authentic reporting is central to our 'common culture ̈ and therefore to our democracy;

26. Calls on PSBs to strengthen their commitment to regional programming and regional employment;

27. Calls on public service broadcasters to enact real equal opportunities to improve the representation of women and ethnic minorities in all television employment;

28. Calls on PSBs to invest further in educational programming, and to continue to support distance learning by means of services like the BBC Open University;

29. Considers that PSBs must continuously work at improving their accountability to the public and that the principles that govern all aspects of their activity - including editorial policy - should be clear and available for public scrutiny and debate;

30. Invites the PSBs to make viewer-citizens aware of their responsibilities by giving them clear and objective information;

31. Calls on broadcasters to review marketing and pricing policies to encourage the circulation of European programmes as well as to engage in the appropriate negotiations with the various rightholders to assist in this process;

32. Calls on PSBs to take the necessary initiatives to ensure that they play at least an equivalent role in the new mass-media services as they do in the traditional ones;

33. Calls on PSBs to strengthen their efforts to become fully independent from governments, which is necessary to realize a more pluralistic programming than what is offered now in certain Member States, reflecting the debates that are going on in society and in all Member States of the European Union;

34. Calls on PSBs to draw up a set of guidelines on the principles which govern all aspects of their activity, for example the obligations of transparency as regards the use of public funds and independence from government; these guidelines should be published and receive widespread publicity and public debate on them should be encouraged;

35. Calls on broadcasters to consider their role in the sphere of audiovisual creation and the fostering of new talents, setting aside broadcasting time for innovative programmes, enabling a network of independent producers to be maintained;

36. Calls on broadcasters to apply strictly their obligation to broadcast a majority proportion of European works;

37. Call on public broadcasting companies to broadcast programmes with a multicultural content, in order to promote a feeling of solidarity among people of different cultures;

38. Calls on public broadcasters to step up their cooperation, involving media specialists and educationalists with the aim of developing quality standards and guidelines for programme content, the exchange of programmes and joint production;

Member States

39. Calls on Member States to ensure consistent, stable and realistic funding for PSBs, in order to ensure their viability in a competitive market, but without being entirely dependent on advertising revenue and allowing them to fulfil their public service obligations;

40. Calls on Member States to guarantee independence of PSB channels against political and economic interference by establishing appropriate structures such as pluralistic internal bodies or other independent bodies;

41. Calls on Member States to support financially public service broadcasting organizations such as Arte and Euronews, with a pan-European remit, serving the collective interests of Europeans;

42. Calls on Member States to ensure that, in the case of new services, especially pay-TV, PSB channels are made available to the largest possible number and that, to this end, they may be included, at their request and without discrimination, in the services offered by commercial operators;

43. Calls on Member States to assist diversity by enabling public service broadcasters early and fair entry to the digital field, through the development of multiplex systems which will have the public service as an integral part of their operation;

44. Further calls on Member States to facilitate mixed public and private investment in such systems, so that public service broadcasters are able to begin transferring their services from analogue to digital broadcasting, within which high quality and diversity can be sustained by the abundance of new and better outlets, locally, nationally and internationally;

45. Calls on Member States to include clear provisions for public service in any new Treaty arrangement in the framework of the Intergovernmental Conference;

46. Calls on Member States to regulate for the free-to-air transmission of major sporting events and entertainment or scientific events of particular value and interest;

47. Calls on Member States to regulate so that when other sporting events and entertainment or scientific events of particular value or interest are shown exclusively on pay television, comprehensive highlights must be available on free-to-air television;

48. Calls on Member States to provide reserved channels and carry rules for PSB channels in any future digital terrestrial, cable or satellite broadcasting regime;

49. Calls on Member States to ensure that new licences for digital TV are allocated principally on the basis of quality, diversity, original production and free-to-air services;

50. Calls on Member States to encourage a greater European dimension in PSB;

51. Calls on Member States to guarantee that all PSBs strictly adhere to their obligation to produce and transmit a majority proportion of European works;

52. Calls on Member States to oblige PSBs, through their broadcasting laws, to provide high quality training in all audiovisual mediums and skills to personnel both inside and outside the institution;

53. Calls on Member States to place obligations in broadcasting laws on PSB channels to provide regional programming in order that regional diversity and identity are protected and enhanced;

Others

54. Calls on the Council to continue support for the MEDIA 2 programme and to adopt as soon as possible the proposed European Audiovisual Guarantee Fund;

55. Calls on rightholders to review their strategy on secondary rights with a view to encouraging the development of pan-European secondary TV markets;

56. Instructs its President to forward this resolution to the Commission, Council and the governments of the Member States.