Media Study - Medija centar Beograd

5.2 ANNEX – ACQUIS COMMUNAUTAIRE AT THE EU LEVEL
ACQUIS COMMUNAUTAIRE AT THE EU LEVEL
Audio Visual Media and Services Directive
In December 2007, the EC adopted the Audiovisual Media Service Directive (“AVMS Directive”), which
will apply to all “audiovisual media services” (that is, services providing moving images with or
without sound). This includes traditional television broadcasts (termed “linear” audiovisual media
services) as well as on-demand services (termed “non-linear”). Both of these services are subject to a
baseline set of rules. There are particular rules on linear services and particular rules for non – linear
services. In addition to jurisdictional issues, other topics such as advertising, sponsorship, product
placement, teleshopping, etc. are addressed, in addition to the protection of minors and high public
interest for the purpose of transmitting short news reports.
The AVMS-Directive also recognizes both the existence and the role of national independent
regulators.
The AVMS-Directive also addresses provisions on the Protection of Minors.
The AVMS includes particular provisions on the protection of minors. It differentiates between linear
and non-linear services. Linear services which “might seriously impair” the development of minors are
prohibited (i.e. pornography or gratuitous violence). Those which might simply be “harmful” to minors
can only be transmitted when it is ensured – by selecting the time of the broadcast or by any technical
measure (e.g. encryption) – that minors will not normally hear or see them. Where such programmes
are not encrypted, they must be preceded by an acoustic warning or made clearly identifiable
throughout their duration by means of a visual symbol.
The Audiovisual Media Services Directive is complemented by the 1998 and 2006 Recommendations
on the protection of minors and human dignity.
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