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
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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