Commission clarifies existing rules of "Television without borders" directive, and hopes to step up legal security for television advertising

Brussels, 23/04/2004 (Agence Europe) - By initiative of Viviane Reding, the European Commission adopted an interpretative communication of the "Television without borders" directive on 23 April (TVSF was adopted in 1989 and renewed in June 1997). This communication shows that new technology and forms of advertising, such as shared screens, interactive advertisements and virtual advertising, are compatible with the directive, as long as their use respects the objectives of general interests contained within it (right of television audiences to a clear distinction between editorial content and commercial communications, right to protection from excessive advertising and the right of copyright holders to respect for the integrity of their audiovisual works). The communication follows on from the consultation launched by the Commission with a view to a possible revision of the directive (EUROPE of 20 March 2003, p.15), and the communication on "the future of audiovisual policy" (see EUROPE of 16 December, p.15).

"This communication interprets the directive but does not change the legal rules", Erick de Cockborne, head of unit at DG EAC (Commission), told the press. The communication clarifies: - quantitative restrictions on advertising (daily and hourly total); - separation between editorial and advertising content, stating that the advertising practice of mini-spots (very popular in Italy) is permissible as long as these are exceptional and do not damage audience comfort; - the notion of clandestine advertising. The communication also looks at how the directive is applied to new advertising techniques. It targets three concepts: - shared screen (simultaneous or parallel showing of editorial and advertising content), which is banned in Portugal and France, but allowed in the United Kingdom; interactive advertising, which is only allowed in the United Kingdom; virtual sponsoring (use of virtual techniques to insert advertising messages during sporting events, for example, which is banned in Portugal and Norway but permitted in Spain and Greece.