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BINDING DIRECTIVE. The European Commission’s proposed amendment of Directive 89/552/CE (TV without frontiers), already modified by Directive 97/36/CE, began to be examined in the Cultural and Education Committee of the European Parliament in June. The aim of the reform is to adjust European legislation to technological and market developments in the audiovisual sector in Europe. A vote by the parliamentary Committee is expected by October 2006 and a vote by the EP by November 2006. The new Directive “TV without frontiers”, now under examination by the EP, will be binding for the 25 member states of the European Union, which will be obliged to take it on board and harmonize it with their own national legislation. Since the first formulation of the Directive (1989), and its subsequent amendment (1997), much of television communication has radically changed. It is enough to think of the development of satellite television, terrestrial digital TV, TV on demand, TV via Internet, and now mobile TV via telephone. This Directive takes into account this digital revolution and the competition that has been created between the different platforms. In actual fact, the planned measures are limited to minimum common standards for all audiovisual services according to the principles of subsidiarity and proportionality. The objective is the efficient functioning of the European single market of audiovisual media without frontiers. Each broadcaster based in one of the member states subject to this Directive will be able freely to conduct its own activities towards any other European country. Member states will retain the faculty to require the providers of media services subject to their jurisdiction to respect more detailed or more rigorous regulations in the sectors disciplined by the Directive, but must ensure freedom of reception and not hinder the re-transmission on their own territory of audiovisual media services from other member states ADVERTISING. Another significant intervention of the Directive concerns the provisions on advertising, which the Commission proposes to simplify (the daily restrictions on TV advertising are suppressed) and to make more flexible as regards TV commercial interruptions. The ceiling of 20% of commercials per hour will remain in force, but within this threshold broadcasters will be able to choose the most appropriate moment to insert commercials during all programmes, including religious programmes, with the exception of cinematographic works, films for television, programmes for children and news bulletins that can be interrupted only once each 35 minutes. If we take into consideration the fact that this limit of 20% per hour excludes tele-sales and sponsorizations, that the new Directive also supports new forms of advertising, such as split screens, virtual advertising and interactive advertising, and that the regulations on commercials for alcoholic drinks are less strict that those of the existing directive, it becomes clear that that the advertising lobby and telecommunication companies have exerted considerable influence on the definition of these provisions. SAFEGUARDS FOR CHILDREN. If the proposed text presented by the Commission is confirmed, the new Directive will have important consequences also for the discipline of the protection of juveniles and their rights. While the existing Directive contains provisions to protect juveniles in particular from programmes containing pornographic scenes or gratuitous violence, this protection would appear to take second place to commercial considerations in the new Directive. The new text tends in fact to water down the measures aimed at safeguarding the under-age and protecting human dignity, since these safeguards need, says the text, to be “carefully reconciled” with the fundamental right to freedom of expression sanctioned by the Charter of Fundamental Rights of the European Union. It seems indispensable, therefore, that as regards the protection of children, the existing provisions be re-affirmed and that legislative measures be provided in relation to the contents of all audiovisual media services; in particular, measures should be adopted to curb the diffusion of illicit contents and prevent the under-age from gaining access to programmes and services destined for adults. The legislation of member states should prescribe that new television sets be equipped with technical facilities for parental control that would enable parents to restrict children from viewing certain programmes. The juridical protection of the personality of juveniles, their dignity, rights and those of their parents and families, should be further pursued through the production and adequate transmission of programmes suited to childhood, adolescence and family viewing, as well as through programmes of education in communication not only for children, but also for parents and educators. For all these reasons member states are invited to encourage regimes both of co-regulation and self-regulation, involving in any case the partners and associations of citizens involved, including those devoted to the protection of minors.