COMMISSION STAFF WORKING DOCUMENT STAFF WORKING DOCUMENT ATTACHED TO THE FIRST REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS ON THE APPLICATION OF DIRECTIVE 2010/13/EU ‘AUDIOVISUAL MEDIA SERVICES’ Accompanying the document First Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 2010/13/EU &quot;Audiovisual Media Service Directive&quot;
Date: 2012-05-04
Institutions: European Commission
Subjects: advertising, advertising malpractice, alcoholic beverage, audiovisual industry, broadcasting, child protection, gender equality

EUROPEAN COMMISSION 

Brussels, 4.5.2012  
SWD(2012) 125 final 

COMMISSION STAFF WORKING DOCUMENT 

STAFF WORKING DOCUMENT ATTACHED TO THE FIRST REPORT FROM 
THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE 
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE 
OF THE REGIONS ON THE APPLICATION OF DIRECTIVE 2010/13/EU 
‘AUDIOVISUAL MEDIA SERVICES’  

Accompanying the document 

First Report from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions on the 
application of Directive 2010/13/EU "Audiovisual Media Service Directive" 

{COM(2012) 203 final} 

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

5. 

Context ......................................................................................................................... 3 

General methodology ................................................................................................... 3 

Alcohol advertising ...................................................................................................... 5 

Advertising targeting children...................................................................................... 7 

Discrimination.............................................................................................................. 8 

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COMMISSION STAFF WORKING DOCUMENT 

STAFF WORKING DOCUMENT ATTACHED TO THE FIRST REPORT FROM 
THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE 
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE 
OF THE REGIONS ON THE APPLICATION OF DIRECTIVE 2010/13/EU 
‘AUDIOVISUAL MEDIA SERVICES’  

Accompanying the document 

First Report from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions on the 
application of Directive 2010/13/EU "Audiovisual Media Service Directive" 

Methodology for monitoring the qualitative aspects of advertising 

1. 

CONTEXT 

Pursuant  to  Article  33  of  Directive  2010/13/EU  of  the  European  Parliament  and  of  the 
Council  of  10  March  2010  on  the  coordination  of  certain  provisions  laid  down  by  law, 
regulation or administrative action in Member States concerning the provision of audiovisual 
media  services  2010/13/EU  (the  ‘Audiovisual  Media  Services  Directive’,  hereinafter  ‘the 
AVMS  Directive’),  not  later  than  19  December  2011,  and  every  3  years  thereafter,  the 
Commission should submit to the European Parliament, to the Council and to the European 
Economic and Social Committee a report on the application of the Directive. 

The  report  must  also  assess  the  issue  of  television  advertising  accompanying  or  included  in 
children’s  programmes,  and  in  particular  whether  the  quantitative  and  qualitative  rules 
contained in the AVMS Directive have afforded the required level of protection. 

For  the  first  time,  therefore,  the  qualitative  provisions  on  advertising  were  monitored 
separately in order to assess their effective implementation and level of compliance with the 
Directive. This monitoring has made it possible to evaluate the effectiveness of the protection 
provided by the current legal framework in relation to the Directive's objectives. 

The monitoring was carried out in 8 Member States over the reference period1. 

2. 

GENERAL METHODOLOGY 

The  relevant  provisions  are  Article  9  and  Article  22  of  the  AVMS  Directive2.  In  particular, 
there has been close monitoring of the application of Article 9 (1)(c)(i) and (ii), 9(1)(e) and 

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Data available until April 2011 were taken into account. 

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9(1) g), and Article 22. These provisions concern alcohol advertising, gender discrimination 
and advertising targeted at minors. 

The  most  appropriate  methodology  was  found  to  be  content  analysis,  which  is  a  research 
technique  for  the  objective,  systematic  and  quantitative  description  of  the  real  content  of 
communication.  It  serves  to  highlight  realities  or  patterns  which  would  otherwise  remain 
hidden. This methodology provides a systematic and objective analysis of commercial spots. 
In content analysis, aspects of the phenomenon being studied are coded and analysed to reveal 
information.  All  messages  (in  this  case  advertisements)  are  subject  to  the  same  analytical 
rules, which are applied uniformly. 

By  means  of  an  analytic  grid  based  on  the  scientific  literature  the  consultant  developed  a 
series of indicators to assess objectively whether the qualitative requirements for advertising 
had  been  met.  This  involved  specific  coding  schemes  for  each  provision  of  the  AVMS 
Directive  analysed.  Content  analysis  is  a  ‘quantitative’  method  in  the  sense  that  it  seeks  to 
calculate or measure qualitative content as objectively as possible. 

2 

Article  9:  1.  Member  States  shall  ensure  that  audiovisual  commercial  communications  provided  by 
media service providers under their jurisdiction comply with the following requirements: 

(a)  audiovisual  commercial  communications  shall  be  readily  recognisable  as  such.  Surreptitious  audiovisual 

commercial communication shall be prohibited; 

(b) audiovisual commercial communications shall not use subliminal techniques; 
(c) audiovisual commercial communications shall not: 
(i) prejudice respect for human dignity; 
(ii)  include  or  promote  any  discrimination  based  on  sex,  racial  or  ethnic  origin,  nationality,  religion  or  belief, 

disability, age or sexual orientation; 
(iii) encourage behaviour prejudicial to health or safety; 
(iv) encourage behaviour grossly prejudicial to the protection of the environment; 
(d)  all  forms  of  audiovisual  commercial  communications  for  cigarettes  and  other  tobacco  products  shall  be 

prohibited; 

(e)  audiovisual  commercial  communications  for  alcoholic  beverages  shall  not  be  aimed  specifically  at  minors 

and shall not encourage immoderate consumption of such beverages; 

(f)  audiovisual  commercial  communication  for  medicinal  products  and  medical  treatment  available  only  on 
prescription  in  the  Member  State  within  whose  jurisdiction  the  media  service  provider  falls  shall  be 
prohibited; 

(g)  audiovisual  commercial  communications  shall  not  cause  physical  or  moral  detriment  to  minors.  Therefore 
they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience 
or  credulity,  directly  encourage  them  to  persuade  their  parents  or  others  to  purchase  the  goods  or 
services being advertised, exploit the special trust minors place in parents, teachers or other persons, or 
unreasonably show minors in dangerous situations. 

Article  22:  Television  advertising  and  teleshopping  for  alcoholic  beverages  shall  comply  with  the  following 

criteria: 

(a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages; 
(b) it shall not link the consumption of alcohol to enhanced physical performance or to driving; 
(c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success; 
(d)  it  shall  not  claim  that  alcohol  has  therapeutic  qualities  or  that  it  is  a  stimulant,  a  sedative  or  a  means  of 

resolving personal conflicts; 

(f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages. 
(e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative 

light; 

(f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages. . 

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3. 

ALCOHOL ADVERTISING 

The analysis covers all the spots advertising alcohol broadcast during a monitoring period of 
two months in each of the eight Member States monitored. 

The  analytical  grid  is  based  on  the  scientific  literature,  specialist  websites  on  the  issue  of 
alcohol  abuse  by  minors,  and  the  criteria  set  out  in  the  Directive3.  This  grid  is  divided  into 
three  parts:  visual  representations,  speech  (oral  and/or  written)  and  visual  techniques. 
Research from the field of marketing is used to gain a better understanding of how a spot is 
designed to promote products, depending on the target audience and sales objectives4. 

For the content analysis of alcohol advertising, the following grid was developed: 

Target 
minors  

Physical 
performance  

Associated sexual 
& social success  

Therapeutic 
sedative effects  

Negative image 
of abstinence  

VISUAL REPRESENTATIONS 

* Animal metaphor: 

  * Representation of 

  * Sumptuous social 

* Behaviour of persons after/ 

  * Presence of abstinent 

yes/no 

  athletic bodies: yes/no 

  environment: yes/no 

associated with consumption: 

  person: yes/no 

  (e.g. luxury car, exotic 

- excited 

* ‘young’ music: 

  * Setting: 

  beach, manor/penthouse, 

- euphoric 

  * Relation of abstinent 

yes/no 

  - indoor 

  - outdoor 

  sumptuous meals) 

- playful 

  person with others: 

- dynamic 

  - accomplice 

* Age of central figure: 

  - undetermined 

  * Celebrity: yes/no 

- calm 

  - bad 

- under 18 years 

- over 18 years 

  * driving /performance: 

  * Sexualisation of product: 

* Association of contrasting/ 

  - sporting performance 

  - Man 

complementary images: 

  - driving a car 

  - Woman 

yes/no 

  - none 

  - Both 

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4 

See  CHEN,  M-J,  GRUBBE,  J.W.,  BERSAMIN,  M.,  WAITERS,  E.,  KEEFE,  D.B.,  Alcohol 
Advertising: What makes it attractive to Youth?, Journal of Health Communication, 10:553-565, 2005. 
. 
JOANNIS, H. & de BARNIER, V., De la stratégie marketing à la création publicitaire, Paris, Dunod, 2° 
Ed., 2005, pp. 157-190. 

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VERBAL / WRITTEN DISCOURSE 

Do messages reinforce the observations above: yes/no 

(e.g. direct link with representations/situations? Delivered in neutral/familiar/deferential style?)  

VISUAL TECHNIQUES 

Do visual techniques reinforce the above observations?  

(e.g. exaggeration of the image, humour, appeal to fantasy, cartoons, sequencing of clip) 

The  analytical  grid  above  addresses  the  issues  raised  by  the  AVMS  Directive  on  television 
advertising for alcoholic beverages as follows: 

1. 

Does the spot use specific means to target young people and capture their attention? 

Objective  indicators  were  examined  (age  of  the  key  figures)  as  were  additional  attributes 
particularly appealing to young people (music, clothes and setting). Other indicators include 
the use of metaphors (animals, nature, science fiction), but also specific types of humour that 
could trivialise questionable behaviour. 

2. 

Does the spot create a link between performance and alcohol? 

Indicators include representations of good performance in areas such as sports, dancing and 
driving, but also the staging of athletic young bodies. 

3. 

Does the spot create a link between alcohol and social success? 

Indicators  include  the  representation  of  a  wealthy  or  sumptuous  social  environment,  other 
attributes  of  material  success,  or  the  creation of scripts or images  associating  social success 
with the consumption of alcohol. Other pointers include the presence of celebrities, stars from 
showbiz or sport, etc. 

4. 

Does the spot create a link between alcohol and sexual success? 

Indicators include attributes of implicit or explicit sexual success (flirting, seduction), but also 
the ‘sexualisation’ of the product and the use of the human body (especially the female body) 
for the sole purpose of attracting attention to a product as an object of desire, unrelated to its 
real content and practical purpose. 

5. 

Does the spot show positive effects of alcohol consumption? 

Indicators  include  contrasting  images  ‘before  and  after’  consumption  (for  example  a  visible 
improvement in the mood or the well-being of a drinking protagonist), or the association of 
alcohol  with  the  soothing,  therapeutic  or  conflict-solving  effects  of  alcohol,  but  also  more 
subtle  indicators  associated  with  the  visual  techniques  employed,  such  as  the  accelerating 
rhythm of the spot, changing colours or environment, etc. 

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6. 

Does the spot stigmatise abstinence? 

Indicators  include  the  presence  of  abstinent  persons  who  are  portrayed  negatively  and/or 
suffer  negative  effects  as  a  result  of  their  abstinence  (exclusion  from  a  group,  victim  of 
derision, etc.). 

4. 

ADVERTISING TARGETING CHILDREN 

As regards the monitoring of advertising targeting minors, the 100 most broadcast advertising 
spots during the period in question were analysed in eight Member States. This sample was 
compared  with  the  total  number  of  spots  broadcast  over  that  period  in  order  to  ensure 
representativeness. 

Based on the scientific literature, which provides relevant responses to several key questions 
raised by the application of the provision, the following analytical grid was established. 

Product 
categories 

Directly 
exhort minors 

Encourage / persuade 
parents to purchase 

Exploit trust placed in 
parents, teachers, etc. 

Show minors in 
dangerous situations 

- Food/snack/soda 

  * Minor user: 

*  Voice  of  child/young 
person carries the message:

* Central person = 

  * Dangerous environment: 

- Alcoholic beverages 

  yes/no 

‘authority’: yes/no 

  yes/no (e.g. wild nature, 

- Personal & beauty care 

  yes/no 

(parent, teacher,  

  risky sports, lack of 

- Cars & accessories 

  * Young Context: 

scientists, not identified) 

  surveillance, dangerous 

- Restaurants & retail 

  - Humour 

  * Adult addressing 

tools or products, etc.) 

outlets 

  - Music 

  minor: yes/no 

- Household cleaning agents 

  - Setting 

- Household furnishing 

  - Clothes 

  * Adult voice: 

- Electronic/communication 

- Clothing 

- Toys 

- Pet food & assimilated 

- Bank/insurance 

  - dominant 

  - complicity 

  - empathic 

  - playful 

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Research  provides  relevant  responses5  to  several  key  questions  raised  in  the  course  of 
establishing the analytical grid relating to minors under the AVMS Directive. 

1. 

How can an advertisement directly exhort minors? 

Research highlights the significance of the minor's position (user or non-user of the advertised 
product). Other relevant features for the analysis include the backdrop, the use of humour or 
types  of  music  associated  with  young  people,  familiar  surroundings  appreciated  by  young 
people, etc. 

2. 

How  can  a  message  incite  minors  to  encourage  their  parents  to  purchase  the 
advertised product? 

The  voiceover  is  widely  regarded  as  crucial  for  audiences  to  identify  with  the  message. 
Opting  for  a  child’s  voice  as  the  bearer  of  the  message  reinforces  the  attractiveness  of  the 
product  for  children  and  young  adolescents.  When  the  voiceover  is  an  adult  voice  directly 
addressing the child, certain features such as empathy or complicity can attract the attention of 
children and young audiences. 

3. 

How can a message exploit the trust placed by children in parents or other persons of 
reference or authority? 

It  is  possible  to  analyse  whether  the  central  character  of  the  message  is  perceived  as  an 
‘authority’ — such as teacher, parent, doctor, etc. — by young viewers, and whether he/she 
interacts directly or indirectly with a child/young person in the spot. 

4. 

Does the commercial show children in dangerous situations? 

Hazardous  situations  for  young  people  were  examined.  These  include  children  being  left 
unattended, performing risky activities or extreme sports, or using dangerous products.  

The four criteria contained in the Directive were translated into categories for the analytical 
grid. 

The  identification  of  ‘dangerous  situations’  and  ‘exploitation  of  trust  in  authorities’  is 
relatively straightforward. The other two aspects — the ‘direct exhortation of minors’ and the 
(indirect)  ‘incitation  of  adults  through  minors’  —  are  more  difficult  to  capture.  Exhortation 
requires  the  identification  of  minors  as  the  target  audience.  Incitement  can  be  identified 
through  the  presence  of  specific  techniques,  so-called  ‘baits’,  which  are  used  to  capture  the 
attention of young and adult audiences. According to the scientific literature, these aspects are 
reflected in categories which identify the presence of a ‘young’ context, of a "minor" voice or 
adult voiceover. 

The analytical grid also distinguishes between categories of advertised products such as food, 
cars, beauty care or cleaning supplies, which can be an indicator of the targeted audience. 

5 

GUNTER,  B.,  OATES,  C.,  BLADES,  M.,  Advertising  to  Children  on  TV,  Content,  Impact  and 
Regulation,  Lawrence  Erlbaum  Associates  Publishers  Eds,  London,  2005.  ROEDDE  JOHN,  D., 
Consumer Socialisation of Children: A Retrospective Look at Twenty five Years of Research. Journal 
of Consumer Research, vol.26, Dec. 1999. AMAS, YA, The Effects of Television Food Advertisements 
on Children’s Food purchasing Requests, Pediatrics International, vol. 48, 2006, pp.138-145. 

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The  results  show  that  in  all  the  countries  monitored  a  significant  proportion  of  the  spots 
analysed (25 % to 44 %) uses one or more of the techniques described in the Directive, such as 
directly  exhorting  minors  to  buy  or  hire  a  product  by  exploiting  their  inexperience  or 
credulity,  directly  encouraging  them  to  persuade  their  parents  to  purchase  the  goods  being 
advertised, or exploiting the special trust they place in parents, teachers or other people. The 
way  this  is  done  varies  from  one  country  to  another.  Sometimes  children  are  depicted  as 
persuading their parents. In some cases the trust placed in reference persons (such as parents 
or teachers) is exploited, whereas in other instances the appeal to minors will be made by the 
use of a special setting (clothes, colours, music, cartoons, etc.). 

5. 

DISCRIMINATION 

The  AVMS  Directive  prohibits  commercial  communications  which  undermine  respect  for 
human  dignity  and  include  or  promote  discrimination  based  on  sex,  racial  or  ethnic  origin, 
nationality, religion or belief, disability, age or sexual orientation. the systematic stereotyping 
or  non-representation  of  certain  categories  of  the  population  can  amount  to  overall 
discrimination. 

As regards monitoring of the provisions concerning discrimination, the 100 advertising spots 
most broadcast during the monitored period were analysed. This sample was compared with 
the  total  number  of  spots  broadcast  over  the  monitored  period  in  order  to  ensure 
representativeness. 

The analysis focused on the problem of discrimination and stereotypes. 

Analytical  grids  for  gender  stereotypes  have  been  defined  and  applied  repeatedly  since  the 
1970s, mainly in Anglo-Saxon countries. There are a number of different formulations based 
on different variables, depending on the specific objectives of the research. For the purpose of 
this analysis, the grid is based on gender stereotypes but includes other categories of possible 
discrimination as identified in the Directive. 

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The analytical grid for discrimination is as follows: 

Central 
figure 

Age 

Product 
use 

Occupation 
/Environ. 

Voiceovers/ 
Narrators 

Product 
representative

Stance 

Sexual 
presentation 

Product 
categories 

- Male 

- Young 

- User 

- Family/home 

- Male 

- Male 

- Subordinate - Sexually 

- Food/snack/soda 

- Female 

(20-30) 

- Non- 

- Professionals 

- Female 

- Female 

- Non- 

suggestive 

- Personal & beauty care 

- Unsure 

- Middle- 

user 

- Service 

- Male/female 

- Both 

subordinate 

- Not 
sexually 

- Both 

aged 

- Clerical 

- Can’t say 

- n.a. 

suggestive 

- Health/medicine 

- Disabled 

(30-50) 

Media/Entertainment 

people 

- Old (50+) 

- Business 

- Ethnic 

- Can’t say 

- Sport/leisure 

- Other 

- n.a. 

- Unknown 

diversity 

- n.a.. 

- Obesity 

- < 20 

- Animal 

- No human 

figure 

- Cars & accessories 

- Restaurants & retail 

outlets 

- Household 

furnishing 

- Alcoholic beverages 

-  Household 
agents 

cleaning 

- Clothing 

- Bank/insurance 

- Pet food & assimilated 

- Toys 

Electronic/communications.

- Other 

•  Central  figure:  the  central  figure  may  be  one  individual  or  several  similar  individuals 
(such as a group of women) appearing for at least three seconds in the spot. Sometimes the 
central figure is not human (a product), sometimes it is a cartoon. The central figure plays 
a  key  role  in  the  advertisement  as  an  object  of  both  representation  and  possible 
identification by viewers. 

•  Age: there are wide variations in the definition of age and delimitation of age groups. For 
the purpose of this study, the following delimitations have been retained: under 20 years, 
20-30 years, 30-40 years, 40-50 years, and 50 years and above. In some cases age cannot 
be determined, or the variable is not appropriate (central figure is an animal for example). 

•  Product  user:  this  variable  serves  to  determine  whether  the  spot’s  central  figure  is  the 
product user or not. The scientific literature establishes a correlation between the central 

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figure  and  its  position  as  ‘product  user’,  depending  on  the  user’s  sex.  The  association 
between ‘central figure’ and ‘product user’ can increase the visual impact of the message. 

•  Occupation:  this  variable  identifies  the  central  figure’s  occupation  or  profession,  where 
this  is  clearly  established.  It  is  broken  down  into  ten  sub-categories,  according  to 
professional  environment.  The  absence  of  any  reference  to  an  identifiable  professional 
environment constitutes a distinct category. 

•  Voiceover/Narrator:  this  variable  identifies  whether  the  voiceover/narrator  is  male  or 
female.  The  voiceover  carries  a  significant  weight  in  reinforcing  the  impact  of  an 
advertisement6. 

•  Product  representative:  this  variable  identifies  the  individual  by  whom  a  product  is 

represented (this can be a man, woman or child other than the central figure). 

•  Stance:  the  criterion  of  ‘subordination’  establishes  whether  a  protagonist  is  in  a 

subordinate position. Goffman’s categories7 are used to identify this position 8. 

•  Sexual  presentation:  this  variable  is  relevant,  as  many  studies  have  established  the 
increasing  ‘sexualisation’  of  advertising  and  advertised  objects.  Sexualisation  of  the 
product is characterised by the use of the human body as an object of desire, unconnected 
with the promoted product9. 

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Voiceover/Narrator: research on the stereotyping of women has found that male voices are used more 
often for voiceovers in advertisements. A woman who fails to function as a product spokesperson by not 
making claims about the product reveals an important aspect of the stereotyping of women. Closely tied 
in with this finding is that when women do serve as spokespersons their influence most likely stems from 
the product use, rather then from their authority (…)’( SHRIKHANDE, V., Stereotyping of Women in 
Television Advertisements, University of Prune, India, 2003, p. 23. . 
GOFFMAN, E., Gender Advertisements, Cambridge, MA, Harvard University Press, 1979. 
The relative size: men are depicted as being taller than women. The ‘feminine touch’: women do not 
take hold of an object firmly, but rather touch it lightly or caress it. The functional hierarchy as evidence 
of  the  submission  of  women:  they  shake,  lower  or  bend  their  head  sideways;  they  are  shown  lying 
down. ‘Legitimised withdrawal’: Women are portrayed as helpless or as ‘mentally absent’. Ritualised 
family: women are presented as subservient to their husbands; men represent authority, women embody 
care. 
VAN HELLEMONT, C., VAN DEN BULCK, H., (2009) L’image des femmes et des hommes dans la 
publicité en Belgique, Institut pour l’Egalité des femmes et des hommes, Bruxelles, pp.61-64. 

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