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18/04/2006

Media and telecoms players unite against new AV Directive

A unique alliance from across the broadcasting, telecoms, technology, new media and advertising sectors is voicing its concerns about the draft Audiovisual Media Services (AMS) Directive that is currently under discussion in Brussels. The UK government has serious concerns about the draft Directive and is currently discussing these with other Member States.

The draft Directive proposes substantial changes to the existing Television without Frontiers Directive (TVWF), which has governed broadcasting regulation in the EU since 1989. While moves to liberalise some of the advertising restrictions currently placed on broadcasters have been largely welcomed, the draft Directive also suggests extending regulation to cover a broad range of new and emerging audiovisual media services, something which has been met with fierce criticism in the UK.

The group, led by Intellect and the Broadband Stakeholder Group (BSG), agrees with the objectives of the proposed Directive, including consumer protection and the promotion of a strong European economy, but is concerned that the proposed text will have an opposite and damaging effect. It is feared that in its current form, the draft Directive will:

- Deter new and existing new media players from the market and divert investment and innovation away from the EU
- Not protect consumers as effectively as possible, by undermining existing legislation and self-regulatory schemes, which already operate successfully in this area.

At the heart of the problem is the proposal to extend regulation designed for traditional scheduled broadcast television to a new and as yet unformed 'on-demand' market, despite the fact that there is already adequate EU level regulation and self-regulation.

"We are not arguing that new 'on-demand' services should be exempt from legal standards" said John Higgins, Director General of Intellect, the ICT trade association and one of the leading groups in the coalition, "but this is not the most effective way either to protect consumers or to create a healthy media sector in Europe."

Antony Walker, BSG CEO argues, "As currently drafted, this Directive is likely to confuse businesses, overwhelm regulators and let down consumers. The proposed scope is too broad and the definitions used too vague. The result could be an all-encompassing regulatory framework that takes five years to implement, undermines existing safeguards and proves largely unenforceable."

The group's paper and website www.audiovisualstakeholders.org will be published this week, and signatories will be lobbying MEPs throughout the year.

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