Opinion of the Committee of the Regions on the ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Future of European Regulatory Audiovisual Policy’
Date: 2004-06-17
Institutions: European Committee of the Regions
Subjects: European audiovisual area, audiovisual industry, child protection, pluralism in the media

22.12.2004

EN

Official Journal of the European Union

C 318/27

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
the European Economic and Social Committee and the
Council,

the European Parliament,

Committee of the Regions on the Future of European Regulatory Audiovisual Policy’

(2004/C 318/09)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic Social Committee and the Committee of the Regions on the Future of European Regu-
latory Audiovisual Policy (COM(2003) 784 final);

Having regard to the decision of the European Commission of 15 December 2004 to consult it on this
subject, under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 5 April 2004 to instruct its Commission for Culture and
Education to draw up an opinion on this subject;

Having regard to its Opinion on Certain legal aspects relating to cinematographic and other audiovisual
works (CdR 387/2001 fin) (1);

Having regard to its Opinion on the Fourth Report from the Commission on the application of Directive
89/553/EEC ‘Television Without Frontiers’ (CdR 90/2003 fin) (2);

Having regard to its Opinion on the Communication on Barriers to widespread access to new services and
applications of the information society through open platforms in digital television and third generation
mobile communications and the Communication on the transition from analogue to digital broadcasting:
(from digital ‘switchover’ to analogue ‘switch-off’) (CdR 308/2003 fin);

Having regard to the draft opinion (CdR 67/2004 rev.1) adopted by the CoR Commission for Culture and
Education on 5 April 2004 (rapporteur: Mr Dieter Schiffmann, Member, Rheinland-Palatinate Landtag (DE-
PES));

unanimously adopted the following opinion at its 55th Plenary Session, held on 16-17 June 2004 (meeting
of 17 June).

1. The Committee of the Regions' views

The Committee of the Regions

acknowledges the central role of the audiovisual media
1.1
in the growth of a pluralistic society in Europe,
the safe-
guarding of regional and local identity and the development of
democratically enshrined civil rights;

1.2
underlines the objective of adapting the legal framework
for the audiovisual media in a way that is conducive to — and
encourages — their positive development, as befits their key
remit;

recognises the need also to give consideration to other
1.3
interest connected with the
paramount objectives of general
the audiovisual sector, such as competition,
regulation of
consumer
and
welcomes the fact that the Commission has taken this opportu-
nity to draw up a communication on the further development
of European regulatory policy in the entire audiovisual sector;

telecommunication

protection

law,

and

(1) OJ C 192 of 12.8.2002, p. 15.
(2) OJ C 256 of 24.10.2003, p. 79.

considers it is useful, particularly with EU enlargement
1.4
in the offing, to clarify the legal framework governing audiovi-
sual policy and to set out the timetable for its further develop-
ment, so that,
the accession countries have the
greatest possible legal certainty at an early stage;

inter alia,

sees major opportunities for the continued development
1.5
of the audiovisual sector in ongoing technical innovations (e.g.
flat-screen televisions), and stresses the need to reflect that in
the future framework;

1.6
endorses — and underscores — in essence the Commis-
sion's principles for a regulatory framework in the audiovisual
sector;

1.7
shares in essence the positive assessment of the Televi-
sion without Frontiers directive (TVWF directive) as a sound
and secure legal framework for television services within the
Community that has, essentially, ensured the free movement of
television broadcasting services within the Community, and
draws attention to its opinion on the subject (CdR 90/2003
fin);

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Official Journal of the European Union

22.12.2004

1.8
stresses the importance of the country of origin prin-
ciple as a basic tenet of the single market in the audiovisual
sector, but also shares the concerns expressed during the
consultation exercise that, given the diversity of national laws,
broadcasters might seek out whichever Member State has the
least stringent legislation;

1.18
underscores the need for action to promote European
works, and considers that support for the inclusion of such
works by independent producers in the programme schedules
does much to promote a diverse European audiovisual land-
scape and is also a particularly appropriate way of safeguarding
and highlighting Europe's diverse regional and local heritage; it
does not feel, however, that the quota rule in place up to now
does adequate justice to this objective;

1.9
shares the Commission's view that a thorough revision
of the TVWF directive might be necessary in order to take
account of changes;

1.19
quantitative rules on advertising;

underscores the need for balanced qualitative and

1.10
in the light of the developments and changes that have
taken place on the audiovisual market in the meantime, would
have welcomed therefore a Commission initiative for a speedy
and comprehensive reworking of the TVWF directive into a
coherent European legal framework for the dissemination of
audiovisual content, which could provide for differing degrees
of regulation for the services subject to the TVWF directive and
for information society services;

1.11
considers that further issues relating to the application
of TVWF directive must not be addressed through interpretative
communications but through a speedy reworking of the direc-
tive itself in order to achieve the requisite legal certainty;

1.12
rules in audiovisual policy;

stresses the importance of safeguarding competition

underscores the responsibility for the maintenance and
1.13
further development of media pluralism in Europe, the EU
Member States and the European regions;

1.14
stresses the need for a legal framework for information
society services such as e-commerce and access to new services
and, since differing degrees of regulation are required,
is
pleased that the Commission has no intention of calling the
distinction between information society services and services
subject to the TVWF directive into question;

1.20
welcomes the Commission's readiness to review the
recommendation on the protection of minors and human
dignity;

1.21
considers that the right of reply is a key element in
protecting human rights and freedom of expression, and
welcomes the plan to extend that right to all media;

1.22
welcomes the Commission's intention to update the
recommendation on the protection of minors and human
dignity, with the focus on media literacy, right of reply, and
measures against discrimination or incitement to hatred in all
online media;

1.23
recognises the need for co- and self-regulation models
in the individual Member States, which provide scope for
reflecting distinctive national and regional features; at the same
time, however, it also backs the plan to draw up a study of co-
regulatory models in the media sector in order to examine their
effect and compatibility with the European legal framework;

1.24
underscores the need for the Community to continue
to comprehensively safeguard the European audiovisual model
at international level too, not least in the WTO negotiations.

2. Committee of the Regions' recommendations

stresses the need for a consumer-friendly switch-over
1.15
from analogue to digital broadcasting and draws attention to
its opinion on the subject (CdR 308/2003 fin);

The Committee of the Regions

stresses the tremendous importance of the right

1.16
to
information as a personal right enjoyed by European citizens,
and is pleased that, as part of the consultation exercise, the
Commission addresses the question of the right to information
on events of major importance for society and considers that
the issue needs further attention;

underscores the key role of regional film support, and
1.17
firmly believes that regional and local audiovisual production is
becoming more important, and, together with national output,
provides a counterbalance to non-European productions;

2.1
recommends the rapid revision and reworking of the
TVWF directive in order to put in place the requisite legal
certainty, particularly for the accession countries, and to adapt
the directive to ongoing technical developments;

2.2
recommends that, in the reworking of the TVWF direc-
tive and the other general conditions governing the audiovisual
sector, account should be taken of – and support given to – the
key role of the audiovisual media and productions in the devel-
opment and growth of regional and local identity. Accordingly,
the heavy concentration of this industry must also be contained
and/or compensated for at national and international level;

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recommends that,

in the light of
increasing media
2.3
convergence,
framework should be divided up
according to production content, regardless of the technical
platform involved;

the legal

it nowadays represents an essential skill’, and that this necessary
proposal promoting media literacy should cover all
the
languages of the European Union, ensuring a minimum level of
representation and information content for each of them;

2.4
advocates maintaining the current qualitative rules on
advertising, particularly in relation to the protection of children
and minors and the distinction between advertising and
editorial content;

would recommend, however,

2.5
that, bearing in mind
increasing user choice and control, further consideration be
given to making the quantative rules on advertising more flex-
ible, not least against the backdrop of EU enlargement, in order
to send out a signal calling for less red tape;

2.6
recommends that the advertising rules should also apply
to the new techniques such as split-screen, virtual and interac-
tive advertising, and that appropriate provisions should be
introduced to maintain the clear distinction between editorial
content and advertising, thereby clarifying the legal position
regarding the use of advertising techniques of this kind;

2.7
welcomes the fact that more and more related regulatory
areas such as competition policy, copyright protection and
consumer protection are also being considered within the
purview of audiovisual policy and the TVWF directive, and
recommends that future legislation should increasingly reflect
these interrelations;

2.8
stresses that, particularly with ten new Member States
joining the Union, action must be taken to ensure that the
rules on the protection of minors and human rights are consis-
tently applied across the entire audiovisual sector;

recommends therefore that, in the proposal announced
2.9
in the communication to update the recommendation on the
protection of minors and human dignity, greater efforts should
be made to put in place efficient self- and co-regulation tools,
including making greater use of exchange of best practice and
network cooperation, particularly in the digital and online
environment;

that

recommends

the proposal announced in the
2.10
communication should
to
promoting media literacy since, as the Commission rightly
notes, ‘to know where to find information and how to interpret

attach particular

importance

Brussels, 17 June 2004.

the

right

supports

safeguarding

2.11
to information,
including information in relation to events that are subject to
exclusive rights and events of major importance for society; the
CoR underscores its view that the rules for the broadcasting of
major events on free-to-air television should be flexible, bearing
in mind the specific linguistic features of each individual
country, and that consideration should be given to drawing up
a European list of major events; the CoR also recommends
television
establishing, at European level, a right
reports on information of general interest;

to short

2.12
recommends, that, given the healthy development of
the European market in audiovisual content, further considera-
tion should be given to promoting European cinema and televi-
sion films not, as now, under the quota arrangements set out
in Articles 4 und 5 of the TVWF directive, but rather by
providing more backing to production and distribution
through support programmes; it stresses its view that, when
assessing these works, particular consideration should be given
to preserving European culture and to the impact on regional
policy and the economy;
to this end a specific support
programme should be developed for production and distribu-
tion of a regional nature and/or using different European
languages;

2.13
reiterates its recommendation that, given the invest-
ments required for the transition to digital production and
dissemination, and the fact that local and regional television
broadcasting produces much of its own material, possibilities
for supporting regional and local television services should be
encouraged or permitted so as to ensure cultural and regional
diversity when television goes digital; to this end it is proposed
that priority be given to supporting investment in the digitalisa-
tion of regional audiovisual services;

2.14
advocates that the review of the TVWF directive should
also ensure that public service broadcasting is able to fulfil its
remit in line with Member State rules; it also advocates support
for public-service operators providing regional coverage.

The President

of the Committee of the Regions

Peter STRAUB