Media Study - Medija centar Beograd

Non-linear services are not subject to licensing. The AVMS Directive seeks to avoid over-regulation and regulation
of services that differ from TV-broadcasts (non-linear transmission according to the light touch approach to
regulation). However, the rules on advertising and protecting children are stricter for television broadcasts than for
non-linear services.
Reference is also made to the EU Safer Internet Program 40 .
Media literacy
The European emphasis on media literacy in the digital environment 41 makes specific educational projects and
issues such as piracy and understanding intellectual property rights a priority.
Please see the extensive documentation on media literacy by the CoE and the EU in Annexes 5.2 and 5.3.
E-Commerce directive
The Electronic Commerce Directive 2001/31/EC already regulates aspects regarding commercial online service
offers, but mainly restricts itself to aspects such as those concerning jurisdiction and aspects relating to provider
responsibility. The AVMS Directive stipulates, however, that it supersedes the E-Commerce Directive where their
provisions are conflicting.
According to Article 31 of the Universal Services Directive, EU Member States may impose reasonable "must carry"
obligations, for the transmission of specified radio and television broadcast channels and services. These
obligations may be imposed on entities and electronic communications networks under member state jurisdiction
if a significant number of end-users receive radio and television broadcasts from these networks. As “must carry”
rules have significant economic consequences for cable operators 42 , such obligations shall only be imposed where
they are essential to meet clearly defined public interest objectives such as pluralism and diversity and shall be
transparent. EU Member States may determine appropriate remuneration for “must carry” obligations. Where
remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent
manner. “Must carry” obligations exist in most EU Member States.
Council Directive 93/83/EEC of 27 September 1993 on the Coordination of Certain Rules Concerning Copyright and
Rights Related to Copyright Applicable to Satellite Broadcasting and Cable Retransmission governs the application
of copyright and related rights to satellite and cable television in the European Union. The main effect of the
Directive is to stipulate that cable retransmission must be on the basis of contractual, not statutory, licenses with
40 (http://ec.europa.eu/information_society/activities/sip/index_en.htm)
41 Refer to Annex 5.2
42 Refer to http://ec.europa.eu/information_society/policy/ecomm/doc/current/broadcasting/working_doc_must_carry.pdf.
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