scholarly journals La regulación europea actual sobre emplazamiento de producto y la propuesta de reforma de la directiva de servicios de comunicación audiovisual = The current European rules governing product placement and the new legislative proposal amending the audiovisual media services directive

2017 ◽  
Vol 9 (2) ◽  
pp. 506
Author(s):  
Mercedes Sánchez Ruiz
Keyword(s):  
Service Provider ◽  
Product Placement ◽  
Audiovisual Media ◽  
Research Article ◽  
Media Services ◽  
Legislative Proposal ◽  
The Media ◽  
Commercial Communication ◽  
Eu Commission ◽  
The Eu

Resumen: La Directiva 2010/13/UE, de Servicios de Comunicación Audiovisual (DSCA) establece la regulación europea vigente sobre emplazamiento de producto. Algunas de sus previsiones son principios que resultan difíciles de aplicar en la práctica (“prominencia indebida”, “influencia que afecta a la independencia editorial del prestador de servicios”). Asimismo, el emplazamiento de producto, por su propia naturaleza, no puede distinguirse con facilidad de la publicidad encubierta. El 25 de mayo de 2016, la Comisión Europea hizo pública una propuesta legislativa para modificar la Directiva de servicios de comunicación audiovisual que incide sobre esta materia. Este artículo examina el régimen de la DSCA sobre emplazamiento de producto y las modificaciones proyectadas. La principal conclusión alcanzada es que la propuesta de Directiva publicada por la Comisión podría dificultar aún más la interpretación y aplicación del régimen jurídico de esta figura.Palabras clave: comunicación comercial audiovisual, emplazamiento de producto, publicidad encubierta, competencia desleal.Abstract: The Directive 2010/13/EU on Audiovisual Media Services (AVMSD) provides the EU current rules on product placement. Some of its provisions are standards, so that they may be difficult to apply (“undue prominence”, “influence that affects the editorial independence of the media service provider”). By its very nature, product placement cannot be clearly distinguished from surreptitious advertising. On 25 May 2016 the European Commission published a legislative proposal for amending the AVMS Directive that affects this issue. The research article examines the rules on product placement under the AVMSD and the proposed amendments. The main conclusion is the proposal published by the EU Commission would not make the rules on product placement clearer and easier to apply.Keywords: audiovisual commercial communication, product placement, surreptitious advertising, unfair competition.

scholarly journals The European Approach to Building AI Policy and Governance: A Haven for Bureaucrats or Innovators?

2021 ◽  
pp. 1-14
Author(s):  
Olga Shumilo ◽  
Tanel Kerikmäe
Keyword(s):  
Global Economy ◽  
Considerable Effort ◽  
New Approach ◽  
Digital Platforms ◽  
Human Control ◽  
Disruptive Technologies ◽  
Legislative Proposal ◽  
Efficient Manufacturing ◽  
Eu Commission ◽  
The Eu

Disruptive technologies and the domination of digital platforms have challenged the global economy players twice — first, to get a hand on them, then to mitigate the possible risks. It is beyond doubt that reliable artificial intelligence (AI) can bring many benefits at the European level, such as better health care, safer and cleaner transport, more efficient manufacturing, and sustainable energy. But regulating the unknown requires considerable effort on how to attract investors using clear rules while keeping human control over the algorithms as a priority. In April 2021, the EU Commission published a holistic proposal to regulate the use of AI, which promises to put trust first and ensure that facial recognition and big data operators will never abuse fundamental human rights. Although the proposal is likely to be amended during EU-wide discussions, the new approach to AI will clearly give citizens the reassurance to adopt these technologies while encouraging companies to develop them. Hence, this article aims to map the core challenges for the EU policy on the use of AI, as well as the milestones of developing the holistic legislative proposal, and clarify if the afore-mentioned proposal indeed solves all the AI-related risks for future generations.

scholarly journals The Anti-Circumvention Procedure in the Audiovisual Media Services Directive

2019 ◽  
Vol 8 (1) ◽  
pp. 43-64 ◽  
Author(s):  
Zsolt Kokoly
Keyword(s):  
Member State ◽  
Evidence Base ◽  
Legal Framework ◽  
Member States ◽  
Audiovisual Media ◽  
Video Sharing ◽  
Policy Tool ◽  
Legal Provisions ◽  
Media Services ◽  
The Eu

Recent challenges in the EU business sector also comprise the revision of the Audiovisual Media Services Directive (the new text in force since December 2018), the main media policy tool of the EU which establishes the legal framework for a convergent media landscape that comprises linear, non-linear audiovisual media services and, recently, also video-sharing platforms (VSPs) and user-generated content. One of the novelties in the revised text of the AVMSD is the new set of legal provisions enshrined in Art. 4 referring to the anti-circumvention procedure, a phenomenon the European media landscape has long been familiar with (i.e. broadcasters from another Member State circumventing the stricter rules of the target Member State). The need for a more transparent and efficient regulation originated in the practical difficulties of applying (pre-revision) Art. 4 by national regulating authorities (NRAs) as in many cases providers of audiovisual media services falling under another Member State’s jurisdiction refused to comply with their stricter rules or did not show any willingness to collaborate. The burden of proving the existence of circumvention or the evidence base to identify has proved to be a particularly difficult task for NRAs. The amended text of the AVMSD extends the power of the Member States to trigger the anti-circumvention procedure based on reasonable cause rather than the former requirement to prove the intention of circumvention by the provider. Also, the new set of provisions allows Member States to have circumvention reasonably established. Another novelty in the anti-circumvention procedure is the mandatory opinion that is to be requested by the European Commission from the European Regulators Group for Audiovisual Media Services(ERGA). The paper proposes to discuss the evolution of anti-circumvention measures in the two versions of the AVMSD as well as the projected effect on the phenomenon of circumvention of stricter rules on the new provisions.

scholarly journals Advertising Regulation and the Protection of Children-Consumers in the European Union: In the Best Interests of ... Commercial Operators?

2011 ◽  
Vol 19 (3) ◽  
pp. 523-545 ◽  
Author(s):  
Amandine Garde
Keyword(s):  
Legal Order ◽  
Best Interests ◽  
The European Union ◽  
Audiovisual Media ◽  
Eu Legislation ◽  
Advertising Regulation ◽  
Media Services ◽  
Eu Policies ◽  
Unfair Commercial Practices Directive ◽  
The Eu

AbstractThis article argues that, despite its promise to mainstream the best interests of the child into all EU policies, the European Commission has failed to ensure that the EU internal market and consumer policies, which are at the heart of the EU legal order, adequately protect children. Two main pieces of EU legislation illustrate the argument: the Unfair Commercial Practices Directive and the Audiovisual Media Services Directive.

scholarly journals Policy alignment in the European audio-visual sector: A small-market perspective from Estonia

2020 ◽  
Vol 11 (1) ◽  
pp. 7-28 ◽  
Author(s):  
Ulrike Rohn ◽  
Henry Loeser
Keyword(s):  
Policy Change ◽  
Policy Changes ◽  
Policy Makers ◽  
Mixed Methods Approach ◽  
Audiovisual Media ◽  
Small Market ◽  
Media Services ◽  
Policy Alignment ◽  
The Impact ◽  
The Eu

The policy changes in the reform of the EU Audiovisual Media Services Directive (AVMSD) and implementation the digital single market (DSM) have recently been a major topic of debate among policy-makers and stakeholders alike. The European Commission (EC), through its various online publications, has sought to inform this discourse and promote acceptance of the reforms by communicating numerous benefits of the proposed new policy. Deploying a mixed-methods approach, our research examines the benefits of policy reform promised by EC online publications, how these proposed benefits are evaluated by industry stakeholders in Estonia, and if the two are aligned. By our definition, policy can be in alignment with industry stakeholders when it accurately addresses their values, needs and priorities. In detail, the research looks at how each of the proposed benefits aligns with what industry stakeholders in Estonia see as important for the audio-visual industry in general, important for their own professional interests, whether a policy change was needed, and finally whether they think that a policy change would be effective. Though a wealth of research can be found about the impact of policies on stakeholders, our article queries those stakeholders about their views, and addresses a perceived gap in existing research on the alignment of policy.

What the TTIP Leaks Mean for the On–going Negotiations and Future Agreement?

2016 ◽  
Vol 7 (2) ◽  
pp. 237-241
Author(s):  
Alberto Alemanno
Keyword(s):  
Political Discourse ◽  
Public Perception ◽  
The Public ◽  
Institutional Fact ◽  
The Us ◽  
The Media ◽  
Fact Checking ◽  
Eu And Us ◽  
Eu Commission ◽  
The Eu

On 1May 2016,GreenpeaceNetherlands released 248 pages of TTIP negotiating texts stemming from previous negotiating rounds. Although it is not the first (and will not be the last) leak since the inception of the negotiation in 2013, this is the first to reveal the US negotiating position regarding 13 out of the 24 TTIP chapters.As such, the TTIP leaks provide an unprecedented opportunity to not only analyse the contrasting positions of the EU and US on several issues in the ongoing negotiations, but also to test the veracity of the competing narratives devised by opponents and proponents of the agreement. To what extent do their respective storylines find support in the actual texts?Supporters of TTIP have proposed fact-checking as an antidote against them is information around TTIP. Yet, having been predominantly advocated and provided for by the EU Commission rather than by the media, institutional fact-checking failed to counter the massive misinformation characterizing the public and political discourse surrounding the negotiations. Unfortunately, when it comes to public perception, the line between pedagogy and propaganda is fuzzy.

Controling and governance of audiovisual media services in Poland

2017 ◽  
pp. 213-221
Author(s):  
Oksana Zvozdetska
Keyword(s):  
Mass Media ◽  
New Media ◽  
State Policy ◽  
Electronic Media ◽  
Advisory Council ◽  
High Expectations ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Radio Broadcasting ◽  
Media Services

The paper attempts to outline the Polish National Broadcasting Council’s establishing and evaluating its activities. The author observes that after 1989, one of the most essential achievements of the Polish media market was the creation of the National Broadcasting Council (Krajowa Rada Radiofonii i Telewizji KRRiT), that laid the foundations for a new media landscape in Poland. In a broader perspective, despite being criticized, the National Broadcasting Council is to meet high expectations for the electronic media regulation, its impact on state policy in implementing cultural and educational tasks by the Polish community broadcasters. Concurrently, making mistakes and handling criticism was partly caused by the Council politicization bias, a large executive subordination that doesn’t comply both with the Law “On Television and Radio Broadcasting” and European practice. Notable, the success of community broadcasters, who value interaction with viewers and listeners, should be a model for audiovisual sector to emulate. Keywords: Mass Media, the National Broadcasting Council, Advisory Council, audiovisual sector

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