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Guides to EU Legislation
Enterprise Europe Scotland has produced a number of summaries of relevant EU Legislation to help guide you through the maze of Regulations, Directives and Decisions from Europe which may have an affect on your business.

If you would like to find out more, or if have a specific question relating to EU legislation, contact us at info@enterprise-europe-scotland.comAudiovisual Media Services Directive
These days we can watch our favourite programmes from all over Europe not just on TV, but also via the internet or on our mobile phones. Like other goods and services, the audiovisual media are subject to the rules of the single European market. To function optimally, this "single European TV market" needs a minimum set of common rules covering aspects likeadvertising and protection of minors.

These rules are laid down in the EU's Audiovisual Media Services Directive, which governs EU-wide coordination of national legislation on all audiovisual media, both traditional TV broadcasts and on-demand services. Here is a summary of the main changes the new Directive introduces:

Wider coverage (Article 1 (1)(a))
The new Directive covers all audiovisualmedia services - that means traditional television (linear service) and video-on-demand (non-linear services). These services must be directed at the general public and intended to inform, entertain and educate under the editorial responsibility of a media service provider.

Different levels of strictness (“graduated regulation”)
Because users have different degrees of choice and control overon-demand audiovisual media services, only a basic tier of rules applies to them. But the rules on advertising and protecting children are stricter for television broadcasts.

Jurisdiction for satellite broadcasts (Article 2)
When a broadcaster based outside the EU uses a satellite up-link in an EU country, that country will have jurisdiction. Only when there is no up-link in the EU, does theEU country whose satellite capacity is used gain jurisdiction. This reverses the criteria defining jurisdiction under the old rules.

Which country’s rules apply?
As under the old rules, service providers are subject only to the rules applicable in their own country (country of origin principle). This is essential to give them legal certainty and help them develop new cross border businessmodels.

Countries can restrict broadcast of unsuitable content (Article 2 (4)-(6))
Under the new rules, EU countries can restrict the retransmission of unsuitable on-demand audiovisual content - e.g. neo-Nazi propaganda – that may not be banned in its country of origin.

Two-step safeguard for receiving countries (Article 4 (2) – (5))

if a country objects to the content in a foreign televisionbroadcast which is wholly or mostly directed to it, it can use a consultation procedure (cooperation procedure) to address the country of origin. The latter shall then issue a non-binding request for the broadcaster to comply with the stricter rules of the targeted country.
if the broadcaster circumvents these national rules, the objecting country can also - with the Commission's prior approval –take binding measures (circumvention procedure).

Transparency obligations for editorial decisions (Article 5)
All audiovisual media service providers must indicate all the relevant data needed to ensure that whoever makes the editorial decisions can be held liable.

Definition of audiovisual commercial communication (Article 1(1)(h))
The new rules have a broad definition of what constitutesadvertising, including sponsorship, product placement, teleshopping, etc.
This is to ensure that all forms of commercial audiovisual content are covered by the same common set of rules, whatever mode of delivery is used for the programmes to which they are associated.

Short news reporting (Article 15)
In order to promote the free flow of information, any broadcaster established in the EU has...