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Cooperation procedure - Cooperation procedure -

Cooperation procedure - - PowerPoint Presentation

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Cooperation procedure - - PPT Presentation

article 4 in the AVMSdirective Cooperation process article 4 in the AVMSdirective Member States are free to have more detailed or stricter rules Such rules should be in compliance with Union law ID: 413416

rules article process cooperation article rules cooperation process member request state avms directive stricter result public broadcast jurisdiction country general satisfactory relevant

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Slide1

Cooperation procedure -article 4 in the AVMS-directiveSlide2

Cooperation process – article 4 in the AVMS-directive

Member States are free to have more detailed or stricter rules.

Such rules should be in compliance with Union law.Slide3

Cooperation process – article 4 in the AVMS-directive

Requirements for a cooperation process

A Member

States

have more

detailed or stricter

rules, and

t

hose rules are of

general public

interest. Slide4

Cooperation process – article 4 in the AVMS-directive

Rules

of general public

interest

The concept of

rules of general

public

interest

is explained in recital no. 41. It is based of the case law in the Court of Justice and can be:

Protection of consumers

Protection of minors

Cultural policySlide5

Cooperation process – article 4 in the AVMS-directive

Requirements for a cooperation process

A broadcaster under a jurisdiction of another member state,

that provides a broadcast which is wholly or mostly directed towards another member state, and

the broadcast breaches the stricter rules in that member state.Slide6

Cooperation process – article 4 in the AVMS-directive

W

holly

or mostly

directed towards

a territory?

Indicators of the

concept

are listed in recital 42, and could be:

The origin of the television advertising and/or

subscription revenues,

the main language of the service,

t

he existence of programs or commercial communication targeted specifically at the public in the Member state where they are receivedSlide7

Cooperation process – article 4 in the AVMS-directive

The cooperation process

The member state with the stricter rules contacts the member state with jurisdiction over the broadcast, and

r

equest that the broadcaster comply with the stricter rules.Slide8

Cooperation process – article 4 in the AVMS-directive

The request

The request by the first member state must be

substantiated

.

That the country has stricter rules that are of general public interest as set out in article 4:1, 4:2, and preamble 41 and 42.

The

relevant national rules, in

comparison

with the relevant rules of the country of

origin.

In what way the broadcast breaches the rules, e.g. an audit of the broadcast

Why the broadcast is “wholly or mostly” targeting the country.

A formal request that the regulator ask that the broadcasting company ensures that it complies with the relevant national rules in the country of reception.Slide9

Cooperation process – article 4 in the AVMS-directive

The result of the request

The member state with jurisdiction shall request the broadcasting company to follow the stricter rules in the other country.

The member state with jurisdiction shall inform the firs member state of the result of the request within 2 months. Slide10

Cooperation process – article 4 in the AVMS-directive

The result of the request

Either

member

state can invite the contact committee to examine the case.

The article doesn´t state at what stage the contact committee should be contacted. To our understanding the relevant stage would be if no satisfactory result have been achieved through the request.Slide11

Cooperation process – article 4 in the AVMS-directive

No satisfactory result of the request

If no

satisfactory result have been achieved through the

request, the first member state can continue with the process laid down in article 4:3. Slide12

Cooperation process – article 4 in the AVMS-directive

No satisfactory result of the request

Measures taken according to article 4:3.

is only possible if the broadcaster has established itself in another member state to circumvent the stricter rules.

includes a notification to the Commission and a decision by the Commission if the measures are appropriate.Slide13

Cooperation process – article 4 in the AVMS-directive

Example of a formal request:

Denmark has sent a formal request to Ofcom in Great Britain. The request is made public at the Danish Authority website.

http://www.kulturstyrelsen.dk/fileadmin/user_upload/dokumenter/medier/radio_og_tv/radio_og_tv_naevnet/Jurisdiktion/Anmoding_til_Ofcom_181110.pdf

An EPRA working group on jurisdiction led by Maria Donde is also colleting data on formal requests according to article 4:2.Slide14

Thank you!Anna Dingertz