TELEVISION WITHOUT FRONTIERS DIRECTIVE Purpose and importance of qualitative & quantitative rules Warsaw, 8 December 2005 Frédéric Bokobza European and International Affairs Directorate for Media Development France

2 ADVERTISING RULES FOR AUDIOVISUAL SERVICES Agenda  Objectives of advertising rules for audiovisual services  French rules on TV advertising  Reviewing the TWF advertising rules  Qualitative rules  Quantitative rules  Insertion rules  Conclusion

3 OBJECTIVES OF THE ADVERTISING RULES Primary and secondary  Fundamental objectives: to keep a balance between  Need for broadcasters/audiovisual media service providers to fund their activities  Need to preserve fundamental public interests: protection of viewers (esp. minors), human dignity, integrity of works  Main objectives of the TWF revision with respect to advertising  Adapt rules to new technological and economic context  “Better regulation”: simplify and clarify existing rules, where feasible/desirable Fundamental objectives always to be kept in mind while reviewing TWF directive

4 FRENCH RULES ON ADVERTISING A number of quantitative rules are stricter than those of directive (1) French definition of audiovisual works includes fictions, series and documentaries. (2) Authorisations for a second interruption may be granted for exceptionally long films. (3) For DTT channels, transitory regime until 2007: average daily limit set at 9 minutes/hour.  Stricter national rules taken pursuant to article 3 of TWF  Emphasis put on integrity of works (cinema and audiovisual (1) )  One interruption maximum per work (2)  No interruption for cinema films on public and pay channels  Stricter limitation of hourly/daily advertising duration  Hourly limit is measured for any shifting hour (vs. clock hour)  For terrestrial channels (3)  Average daily limit = 6 minutes/hour (vs. 9 in TWF)  For public service broadcasting channels  Average daily limit = 6 minutes/hour (vs. 9 in TWF)  Hourly limit = 8 minutes/hour (vs. 12 in TWF)

5 REVIEWING TWF ADVERTISING RULES (I) Qualitative rules  Objectives of general interest such as  Protection of minors and human dignity  Ban for any incitement to hatred based on sex, origin, religion, disability, age or sexual orientation … should apply to all audiovisual media content, including advertising communications  Due to specific nature of advertising, special care is required, i.a.  Against surreptitious advertising, misleading/subliminal techniques  Regarding public health and environmental concerns  Regarding impact on vulnerable persons, especially minors … regardless of linear/non-linear nature of underlying service Clear rationale for extension of qualitative rules to non-linear services

6 REVIEWING TWF ADVERTISING RULES (II) Quantitative rules  The balance between need for funding and protection of viewers against excessive advertising pressure remains valid  Hourly limit (12 minutes/hour) shall therefore remain unchanged  Clarification/relaxation of restrictions on isolated spots may contribute to simplifying rules and their implementation  Its effects should however be evaluated carefully, inter alia in relation to insertion rules

7 REVIEWING TWF ADVERTISING RULES (III) Insertion rules  Principles guiding insertion rules remain fully valid: need to preserve integrity/value of programmes  Especially cinema and audiovisual works  But also children’s, news, religious programmes, documentaries - as well as sports and similarly structured programmes  Therefore, while a certain degree of simplification is desirable…  e.g. “20 minutes” rule to be replaced by “3 breaks per hour” rule  … no significant alteration should be made  No distortion between cinema & audiovisual works to be created  Protection of specific program categories to be kept Alterations to insertion rules require extreme care to preserve overall quality of programmes

8 CONCLUSION Importance and relevance of advertising rules are unaltered  Qualitative rules to be kept & extended to non-linear services  More than ever key to protection of public and general interest  Hourly limit remains fundamental and shall remain as is  Insertion rules to be left intact in substance  While simplification/clarification can be achieved on some aspects  Modernisation of the framework to be studied on specific points  Especially product placement, new advertising techniques Go forward… but keep the balance!

9 For further information or questions: Frédéric Bokobza Tel.: THANK YOU FOR YOUR ATTENTION