Although the Directive is likely to become law by the end of 2007,
member states will still have up to 24 months to implement the
Directive in their countries. Some key points include:
- Implementation of the Country of Origin Principle which will
mean European broadcasters of content across the EU will be subject
to the laws in the country where the broadcast originates (with
certain exceptions);
- Product placement will be allowed (with certain exceptions) by
default but member states can elect to opt out;
- Encouraging advertising-funded new media services by adopting a
liberalised regulatory approach including the insertion of spot
advertising in audio visual programmes;
- Rules relating to access to audio visual programming by the
elderly and viewers with a hearing or visual disability;
- Introduction of filtering systems for content that is damaging
to the physical, mental or moral development of minors; and
- The possible introduction of minimum quotas for the delivery of
European origin programmes.
The Directive seeks to put in place a pan European level playing
field for traditional and new on-demand or non-linear television
services. In doing so, the Directive will implement new rules which
will now also apply to the online broadcast world. Although there
has long been a mistaken perception that the internet is a world
free of regulation, the recent advances in technology had meant
that distributors of programme content in the online world could
take advantage of regulatory loopholes not available to traditional
broadcasters. The Directive is designed to close that gap and
promote a platform neutral system of regulation in the
process.