Brussels seeks information on audiovisual directive

Malta has been given 10 weeks to clarify some important issues raised by Brussels regarding the implementation of the EU’s general broadcasting rules known as the Audiovisual Media Services Directive (AVMS).

Without going into the specific pending issues with Malta, the European Commission said that it decided to send a “fact-finding” letter to the Maltese authorities on the implementation of this directive as it has doubts on whether certain aspects have been properly implemented.

The Commission said this was not an infringement procedure but just an information gathering exercise.

In fact, apart from Malta, the Commission sent similar letters to 15 other EU member states asking them for information about various aspects of the directive’s requirements.

The AVMS Directive ensures a single market and legal certainty for Europe’s TV and audiovisual industry by creating a level playing field for both broadcast and on-demand audiovisual media services across Europe’s borders.

The directive is based on the “country of origin” principle, whereby audiovisual media service providers are subject to the regulations in their country of origin only and cannot be subject to regulation in the destination country except in very limited circumstances.

Originally known as the “Tele­vision without Frontiers” directive, it deals with many aspects of broadcasting, including audiovisual commercial communications, like product placement, sponsorship television advertising and tele­shopping, basic obligations such as identification requirements, rules on incitement to hatred and balanced coverage obligations and the right of reply.

EU member states had until the end of 2009 to transpose this directive and Malta had managed to do this on time.