Media Study - Medija centar Beograd

Moreover, most OECD countries still maintain a system of separate regulators for broadcasting and for electronic
communications 27 . There is no clear ‘best practice trend’ in EU member countries favouring a specific model for a
converged regulatory body for electronic communications and broadcasting and / or content regulation.
Co-regulation Issues :28
Co-regulation involves the following concept: While statutory law target high-level objectives, they leave the details
of implementation either to so called "soft law" or to co-regulation and self-regulation. Stakeholders play a strong
role in both co-regulation and self-regulation. Public authorities set the objectives according to Statutory Law and
entrust stakeholders directly involved with implementing the means to reach these objectives. In co-regulation,
public authorities also indicate that they reserve the right to intervene if the self-regulatory measures do not
achieve the set objectives.
In Austria and in a number of other EU countries 29 , it is still unclear whether co-regulatory schemes will be
established.
In Cyprus, France, Lithuania, Luxembourg, co–regulation is unlikely to be implemented.
Co-regulatory elements are already present or are likely to be introduced in the following countries: Belgium (CSA
& VRM), Catalonia, Czech Republic, Germany, Ireland, Latvia, Netherlands, Romania, Slovenia and Slovakia.
Where co-regulating exists or is envisaged, the following forms of co-regulation can be identified:
In the Czech Republic: co-operation with Czech self-regulatory bodies which are not defined precisely.
Facilitation of agreement among various broadcasting services providers to ensure adequate delimitation
of the compliance with obligations and duties regarding content (Article 78 of the Catalan Broadcasting
Act).
In Romania: the National Audiovisual Council has concluded agreements with associations such as the
Romanian Advertising Council Union to monitor regulations concerning advertising the National
Audiovisual Council has entered agreements with the Authority for Consumers Protection to identify
unfair commercial practices and with the Journalists’ Association in Romania to implement deontological
rules in the audiovisual domain.
In the UK: the Advertising Standards Authority is expected to manage day to day regulation for VOD
advertising content and investigate complaints, referring repeated or serious violations to Ofcom to
consider regulatory measures. Ofcom is to receive an annual report on the number of complaints received,
how many cases of advertising these involved and how complaints were handled / resolved. Further, a co-
on telecommunications will no longer include licensing requirements, as it seeks to implement the EU 2002/2009 regulatory framework which
provides for a general authorization.
27 OECD, Policy Considerations for Audio-Visual Content Distribution in a Multiplatform Environment, DSTI/ICCP/TISP(2006)3/FINAL, Jan. 12,
2007.
28 For sources and further details, please refer to
http://www.epra.org/content/english/press/papers/Dresden/Overview_transpositionAVMS_Dresden_final_final.pdf
29 Italy, Poland, Portugal.
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