Brussels, 11/06/2002 (Agence Europe) - Just when digital television is being introduced to Europe, new advertising techniques are being developed: interactive advertising, split screens, virtual advertising and sponsorship. Faced with these developments, the question of knowing whether the current provisions in force on advertising contained in the "television without frontiers" (TWF) directive are sufficient, becomes imperative, particularly in the separation of programmes and advertising, time allowed for advertising broadcasts, rules on interrupting programmes for adverts. Specific provisions governing new kinds of advertising have been subsequently adapted. The study requested by the European Commission by independent experts on the development of new advertising techniques does not necessarily reflect the Commission's views and is part of a wider evaluation of the "television without frontiers" directive that will figure in a report to be adopted by the College by the end of 2002. The independent study confirms the reasons that led Viviane Reding, the European Commissioner in charge of audio-visual policy, to opt for a pre-revision work programme rather than an immediate revision of the TWF directive.
The report consists of two parts: an economic section carried out in 10 European countries (Germany, Belgium, Denmark, Spain, Finland, France, the United Kingdom, Italy, Netherlands, and Sweden); a legal section carried out in 18 countries of the European Economic Area. Aviva Siver from DG Audio-visual Policy at the Commission presenting the study to the press, explained that the turnover obtained by these new advertising techniques was still very marginal - 0.5% - 3% or 4% maximum revenue according to the countries. Findings of the study are:
1. Interactive advertising, which allows viewers to control what they wish to see and how long they are exposed to advertising, is going to expand not only with digital television but also with the Internet and mobile phones. According to the study, if the TWF directive also applies to digital television, it is doubtful whether its provisions on advertising can be applied to interactive advertising because, as soon as a viewer deliberately leaves a linear television programme to enter a commercial environment, he may no longer be protected by the TWF directive (which covers services provided for the general public and not on request). According to the study, the rules on the length of advertising would definitely no longer apply. As for the other advertising provisions in the directive, the requirement that there should be a clear distinction between programmes and advertising still appears to be necessary as a means of protecting the viewer. In this connection, the rules applied in the United Kingdom to this type of advertising are of some interest: there must be a clear separation, using an intermediate screen, between the moment when the viewer leaves the programme and the moment when he enters the commercial environment. Media professionals consulted for the study are in favour of a light regulatory regime (because of the control that the consumer has) which is identical for all types of media.
2. Split screens enable editorial content and commercial information to be presented simultaneously on the same screen. This is already used widely not only on the Internet but also for certain television programmes. Except in the case mentioned above, where the split screen invites the viewer to enter an interactive advertising environment, the study considers that the advertising provisions in the TWF directive clearly apply to cases where a screen is split between a linear programme and advertising. The study then asks whether this splitting of the screen is not contrary to the principle of separating advertising from programmes and to the rules on the insertion of advertising, as laid down in the directive. In his communiqué, Christopher Forax, Spokesman for Viviane Reding, pointed out that currently, certain Member States banned split screens: the Netherlands, Portugal, Sweden and France, while others - the United Kingdom and Germany allow them. In this context, the study considers that the Commission should clarify how the TWF directive is to be interpreted with regard to separation.
3. Virtual advertising or sponsorship enables advertising messages or the name of a sponsor to be inserted into a programme using special electronic means. One example of this is the use of panels in sports grounds where the broadcaster can change an advertisement from one moment to the next or choose the advertisement shown on the screen depending on where the target audience is. This form of advertising is banned in Italy, France and Portugal. It is allowed in Greece and Spain and, under certain conditions, in Germany and the United Kingdom. According to the authors of the study, insofar as this technique is at present used mainly for sponsorship purposes, this form of advertising does not appear to lie outside the scope of the TWF directive, whose provisions on sponsorship therefore apply in full.