TELEVISION WITHOUT FRONTIERS DIRECTIVE Purpose and importance of qualitative & quantitative rules

1. TELEVISION WITHOUT FRONTIERS DIRECTIVEPurpose 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 SERVICESAgenda • 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. Fundamental objectives always to be kept in mind while reviewing TWF directive OBJECTIVES OF THE ADVERTISING RULESPrimary 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

4. FRENCH RULES ON ADVERTISINGA number of quantitative rules are stricter than those of directive • 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) (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.

5. Clear rationale for extension of qualitative rules to non-linear services 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

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. Alterations to insertion rules require extreme care to preserve overall quality of programmes 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

8. Go forward… but keep the balance! CONCLUSIONImportance 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

9. THANK YOU FOR YOUR ATTENTION For further information or questions: Frédéric Bokobza Tel.: +33 1 42 75 57 19 frederic.bokobza@ddmedias.pm.gouv.fr