The clarification marks the first stage in a planned update of the TVWF Directive.
Last updated in 1997, the TVWF Directive was instrumental in ensuring that viewers and listeners in all Member States were entitled to access broadcasts from any other Member State. It also harmonised rules relating to broadcast advertising, the protection of minors and the right of reply.
But since the last review of the Directive new advertising techniques, such as split screen, interactive advertising and virtual advertising, have developed, and problems in applying the existing, old-fashioned rules to these new technologies have arisen.
A consultation held by the Commission last year found that the Directive has provided a flexible and adequate framework for the regulation of the audio-visual sector by Member States, but that change was necessary. The Commission therefore announced a two-stage procedure of short-term and medium-term measures.
In the medium term, the Commission was to carry out an in-depth analysis of various issues on which further reflection was deemed necessary before adapting the current legislative framework. This is still ongoing.
In the short term, the Commission committed itself to the adoption of an interpretative Communication on certain aspects of the provisions on televised advertising in the Directive. It is this text that was adopted last week.
The idea behind the Communication is to clarify certain questions that arise in the application of the existing Directive. Therefore, it does not create or propose new rules or principles, but is limited to explaining the existing rules and principles.
The Communication restates that new advertising techniques and new forms of advertising are not in themselves incompatible with the Directive and explains to what extent their use is compatible with the existing legal requirements. These include:
the viewers' right to a clear separation between editorial content and commercial communication;
the viewers' right to protection against excessive advertising, as detailed in the Directive;
and the right of the right holders to the respect of the integrity of their audiovisual works.
However, while the Communication is based on the principle that a prohibition of an advertising technique or a form of advertising applies only to the extent that it is clearly stated in the Directive, the Commission has stressed that Member States are permitted to impose stricter and more detailed rules for broadcasters under their jurisdiction.
Viviane Reding, Commissioner in charge of Education and Culture commented:
"The Television without Frontiers Directive recognises that advertising is the economic basis for all private and for a part of public service free-to-air television, which is essential for a free and diversified television and media landscape in Europe.
"At the same time, the Directive makes it clear that there have to be limits to advertising in order to safeguard the interests of the viewers, and also of the right holders of audiovisual works. This Communication enables broadcasters, viewers and right holders alike to understand better what is allowed and what is not".