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Media Study - Medija centar Beograd

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2.3 The protection of pluralism principle 94<br />

2.3.1 AVMS – Directive<br />

This principle limits the possibility of exclusive broadcasting to avoid that:<br />

important televised events are inaccessible to the large public;<br />

the public in another Member State is deprived of the possibility of following events which are designated<br />

by that other Member State;<br />

The provision now applies to all media services, including non-linear services.<br />

A new rule has been added, instituting the obligation to ensure access on a fair, reasonable and non-discriminatory<br />

basis to events of high interest in short news reports.<br />

2.3.2 Serbia<br />

This principle is addressed in Article 71 of the Broadcasting Law. It does not appear to extend to all<br />

audiovisual media.<br />

3. Common Rules for Linear and Non – Linear Services<br />

Another set of rules governs both linear and non-linear services. However, there is a difference in regulatory<br />

approach on commercial communications and on the protection of minors, in the sense that separate, special rules<br />

for linear services are regulated in a different chapter.<br />

94 Member States shall ensure, by appropriate means, within the framework of their legislation that broadcasters<br />

under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters following the date of<br />

publication of this Directive in such a way that a substantial proportion of the public in another Member State is<br />

deprived of the possibility of following events which are designated by that other Member State in accordance with<br />

the preceding paragraphs via whole or partial live coverage or, where necessary or appropriate for objective<br />

reasons in the public interest, whole or partial deferred coverage on free television as determined by that other<br />

Member.<br />

121

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