Cooperation procedure article 4 in the AVMS-directive
Cooperation process – article 4 in the
AVMS-directive
• Member States are free to have
more detailed or stricter rules.
• Such rules should be in compliance
with Union law.
Cooperation process – article 4 in the
AVMS-directive
Requirements for a cooperation
process
• A Member States have more
detailed or stricter rules, and
• those rules are of general public
interest.
Cooperation process – article 4 in the
AVMS-directive
Rules of general public interest
The concept of rules of general public interest
is explained in recital no. 41. It is based of the
case law in the Court of Justice and can be:
• Protection of consumers
• Protection of minors
• Cultural policy
Cooperation process – article 4 in the
AVMS-directive
Requirements for a cooperation
process
• A broadcaster under a jurisdiction of another
member state,
• that provides a broadcast which is wholly or
mostly directed towards another member state,
and
• the broadcast breaches the stricter rules in that
member state.
Cooperation process – article 4 in the
AVMS-directive
Wholly or mostly directed towards a territory?
Indicators of the concept are listed in recital 42, and could
be:
• The origin of the television advertising and/or
• subscription revenues,
• the main language of the service,
• the existence of programs or commercial
communication targeted specifically at the public in the
Member state where they are received
Cooperation process – article 4 in the
AVMS-directive
The cooperation process
• The member state with the stricter rules
contacts the member state with jurisdiction over
the broadcast, and
• request that the broadcaster comply with the
stricter rules.
Cooperation process – article 4 in the
AVMS-directive
The request
• The request by the first member state must be
substantiated.
•
•
•
•
•
That the country has stricter rules that are of general public interest as set out in
article 4:1, 4:2, and preamble 41 and 42.
The relevant national rules, in comparison with the relevant rules of the country of
origin.
In what way the broadcast breaches the rules, e.g. an audit of the broadcast
Why the broadcast is “wholly or mostly” targeting the country.
A formal request that the regulator ask that the broadcasting company ensures that
it complies with the relevant national rules in the country of reception.
Cooperation process – article 4 in the
AVMS-directive
The result of the request
• The member state with jurisdiction shall
request the broadcasting company to follow the
stricter rules in the other country.
• The member state with jurisdiction shall inform
the firs member state of the result of the
request within 2 months.
Cooperation process – article 4 in the
AVMS-directive
The result of the request
• Either member state can invite the contact
committee to examine the case.
• The article doesn´t state at what stage the contact
committee should be contacted. To our understanding
the relevant stage would be if no satisfactory result
have been achieved through the request.
Cooperation process – article 4 in the
AVMS-directive
No satisfactory result of the request
• If no satisfactory result have been achieved
through the request, the first member state can
continue with the process laid down in article
4:3.
Cooperation process – article 4 in the
AVMS-directive
No satisfactory result of the request
Measures taken according to article 4:3.
• is only possible if the broadcaster has
established itself in another member state to
circumvent the stricter rules.
• includes a notification to the Commission and a
decision by the Commission if the measures
are appropriate.
Cooperation process – article 4 in the
AVMS-directive
Example of a formal request:
Denmark has sent a formal request to Ofcom in Great
Britain. The request is made public at the Danish Authority
website.
http://www.kulturstyrelsen.dk/fileadmin/user_upload/dokumenter/medier/radio_og_tv/ra
dio_og_tv_naevnet/Jurisdiktion/Anmoding_til_Ofcom_181110.pdf
An EPRA working group on jurisdiction led by Maria
Donde is also colleting data on formal requests according
to article 4:2.
Thank you!
Anna Dingertz