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Media Study - Medija centar Beograd

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more effective control of overcompensation and supervision of the public service mission on the<br />

national level;<br />

increased financial flexibility for public service broadcasters.<br />

The Communication is designed to ensure high quality public broadcasting services on a variety of<br />

platforms, ranging from the internet to screens in public places. Moreover, European citizens and<br />

stakeholders will be able to give their views in public consultations before any new services are put on<br />

the market by public service broadcasters. The new Communication seeks to ensure a more<br />

accountable, transparent and proportionate use of public funding in this sector.<br />

The Commission adopted a number of decisions in relation to cases in Germany, Denmark and<br />

Austria.<br />

In 2005, the EU Commission had to deal with a complaint of a German association of private<br />

broadcasters regarding the contribution in Germany. Issues at stake were an alleged lack of<br />

transparency in distribution, online offers of public broadcasters and the selling of sports events. In<br />

2007, the case was settled, although Germany retained the position that funding public broadcasters<br />

from a contribution paid by the audience did not constitute state aid. The Commission requested a<br />

clear definition of the mission of ‘Comprehensive Coverage’, separate accounting for commercial and<br />

public mission programming, and other measures to prevent cross subsidizing. Although the question<br />

whether the license fee was a subsidy remained under discussion to date, the matter was settled, as<br />

Germany made major commitments:<br />

The extent to which additional digital channels and online offers serve public interest must be<br />

specified; online offers must be limited to ‘journalistic editorial offers’, which must be specified<br />

on a regular basis (e-commerce, sponsoring, advertising as well as a comprehensive local<br />

coverage are unlikely to be part of the public on – line mission);<br />

In relation to online offers, there will be a 3-step test for new or modified services which is similar<br />

to the BBC’s public value test, although less economically oriented;<br />

o Is the offer part of the public mission<br />

o To which extent will the service contribute to the quality of publicist competition<br />

(Germany has subsequently foreseen the possibility of independent expert assistance to<br />

the broadcasting regulator in relation to this point);<br />

o Which financial burden does the service involve<br />

The broadcaster launches a public hearing and decides on the basis of the comments and of an<br />

independent expertise whether the three criteria test is met.<br />

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