WRITTEN QUESTION E-0131/02

by Stavros Xarchakos (PPE-DE) to the Commission

(1 February 2002)

Subject: Advertising with pornographic content

In his answer of 7 January 2002 to my written questionNoE-3095/01(1), Commissioner Bolkestein comments that there are no cross-border implications of such national press advertising services in reference to the advertisements with pornographic content published continuously in the Greek press, which are also read by minors (as stated in my parliamentary question) whose minds are affected by them.

No doubt the Commissioner is unaware that many of these advertisements, along with others broadcast on subscription television channels, refer to telephone sex lines in England and other countries and that, therefore, the argument that there are no cross-border implications is not valid.

Is the Commission aware of the above? In the light of these developments, what steps will the Commission take to ban the publication of pornographic advertisements and their broadcasting on television so that the impressionable minds of minors who come into contact with their vulgar content are not tainted?

(1) OJ C 115 E, 16.5.2002, p. 224.

Answer given by Mr Bolkestein on behalf of the Commission

(19 March 2002)

The Commission wishes to thank the Honourable Member for the further clarification that he has provided on this issue following his previous question E-3095/01 and the Commission's reply of 7 January 2002(1).

As regards the issue of press advertising services it is now apparent that there are cross-border implications. The sale of advertising space by a Greek press publishers to advertisers of telephone sex lines in other Member States is clearly a cross-border service under Article 49 of the EC Treaty. This does not imply that the Commission would oppose restrictions in this field as long as they were not of a discriminatory nature and were proportionate to the objective of protecting minors. In the current instance the Greek laws and codes of conduct for such press advertising would apply given that the Honourable Member refers to press established within that Member State. It is for the Greek authorities to take action in this field in conformity with the principles of Community law as explained above.

As regards satellite broadcasting services, the Television without frontiers Directive (Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities(2) as amended by Directive 97/36/EC of the Parliament and of the Council of 30 June 1997(3), hereafter the TVWF Directive) provides the legal framework for television broadcasting within the Union.

The TVWF Directive provides that each Member State shall ensure that all television broadcasts transmitted by broadcasters under its jurisdiction comply with the rules of the system of law applicable to broadcasts intended for the public in that Member State.

However, in accordance with the principle of subsidiarity, the Directive does not affect the responsibility of the Member States and their authorities with regard to the organisation (including the systems of licensing, administrative authorisation or taxation), financing and the content of programmes. Member States may therefore, in accordance with the principle of subsidiarity, establish rules concerning the content of programmes broadcast by broadcasters within their jurisdiction.

The Commission is aware of the possible effects that pornographic material may have on minors. Therefore, as regards the distribution by television of audiovisual material, the TVWF Directive establishes a common minimum standard for the protection of minors (Article 22) and requires Member States to ensure that television broadcasts by broadcasters under their jurisdiction do not include programmes which might seriously impair the physical, mental or moral development of minors, in particular those that involve pornography or gratuitous violence. A detailed mechanism exists that enables Member States to take action when broadcasts include such programmes.

The implementation and application of Community law is of great importance to the Commission. Measures have been taken on a number of occasions, in accordance with Articles 2(2) and 22 of the Directive, and the Commission has, as provided for by the TVWF Directive, fulfilled its obligations as regards the assessment of those measures.

(1) OJ C 115 E, 16.5.2002, p. 224.

(2) OJ L 298, 17.10.1989.

(3) OJ L 202, 30.7.1997.