In black and white

On 13 December the European Parliament approved on its first reading the Proposal of the Commission for the revision of the Directive “Television without frontiers”(Twf) of Parliament and Council no. 89/552/Cee, updated by Directive no. 97/36/Ce. The revision of the Directive had become unavoidable in view of recent developments in digital communication that have multiplied television channels and made possible new media services similar to television for fast broadband Internet connections and wireless communications of the third generation. PRINCIPLE OF COUNTRY OF ORIGIN. Audiovisual media services are at once cultural and economic properties. According to the TWF Directive, all transmissions that originate in the European Community must respect the regulations that the member state of origin applies to transmissions for the public within its territory. Member states must ensure their freedom of reception and not hinder their re-transmission on their own territory. Derogations to this principle can only be allowed in exceptional circumstances, as in the case of violation of the protection of the underage. Member states are encouraged to introduce systems of co-regulation and self-regulation. It is reaffirmed that pluralism of information is a fundamental principle. Member states are under an obligation to prevent monopoly positions. ADVERTISING: MORE LIBERALIZATION. TV commercials must be clearly identifiable. The 20% ceiling per hour dedicated to commercials does not apply to telepromotions, telesales, sponsored programmes and, where applicable, product placements. Commercials and telesales promotions may be inserted only “between” programmes, but, on certain conditions, may also be inserted “in the course” of a programme, so long as its integrity be not prejudiced – taking into account the programme’s natural intervals”. The minimum interval between one commercial break and another in the transmissions of films made for television, cinematographic works, programmes for children and news programmes has been reduced to 30 minutes (from 45). Audiovisual commercial communications must not violate a series of rights, with the exception of religious convictions. The prohibition of “offending religious or political convictions” was removed from the original draft proposed by the Commission and the European Parliament has now made this decision legitimate by voting in its proposed revision of the Directive. PROTECTION OF THE UNDERAGE REAFFIRMED. Member states will have to adopt a series of measures aimed at ensuring that the transmissions of media service providers subject to their jurisdiction “contain no programme that may gravely impair the physical, metal or moral development of minors”, in particular programmes that contain pornographic scenes or senseless violence. They will also have to ensure that child pornography shall in no case be transmitted, “on pain of sanctions of administrative or penal type”. The Commission and member states are invited to encourage the interested parties of the media industry to promote, as a further measure for the protection of the underage, a European system of identification, evaluation and filtering of contents. The need is stressed for education in the media, as also controls on programmes that contain senseless violence and pornography, also by verifying the technical and legal feasibility of a harmonized system of coding contents. Member states, moreover, should promote programmes suitable for children and capable of improving their knowledge of the means of communication. RELIGION: THE WORD HAS BEEN AIRBRUSHED OUT. It is undoubtedly on the positive side that the protection of the underage and of human dignity has been reinforced in comparison with the initial text proposed by the Commission, which would have led to a watering down of these principles through repeals and amendments of the text of the existing directive. Even religious programmes, with the exception of religious celebrations, can now be interrupted by commercial breaks. The almost total disappearance of the word religion in the text is a matter for grave concern, in particular the approval of an amendment lifting the ban on commercials that offend religious convictions. The same ban, on the other hand, is reaffirmed for commercials that offend race, sexual orientation, or the protection of the environment. For these reasons it is indispensable that the European Council, which must now adopt the text approved by the EP, should reconfirm the ban on commercials that offend religious convictions, as expressed in the general guidelines on the Directive issued on 15 November.