Television without frontiers
The EU has successfully regulated cross-border TV broadcasting within the European single market since 1989. Nowadays, thanks to modern technology, television broadcasts are available anywhere at any time. We can watch them on traditional receivers, or via the internet on PCs; we can follow programmes on mobile phones and other hand-held devices while on the move. The EU has updated the rules to take account of this new environment. The changes are due to take effect in late 2009.

EU rules protect children against harmful material.
In the meantime, the EU’s landmark piece of audiovisual legislation the ‘Television Without Frontiers (TWF)’ directive remains in place. The directive requires member states to coordinate their national legislation so that:
- there are no obstacles to the free movement of television programmes within the single market;
- television channels, where practicable, reserve at least half their broadcasting time for films and programmes made in Europe;
- safeguards are in place to protect certain important public interest objectives such as cultural diversity;
- governments take action to ensure that a broad public has access to major events, which therefore cannot be restricted to pay-TV channels only. This provision refers mainly to international sporting events such as the Olympic Games or World Cup football;
- children and young people are protected against violent or pornographic programmes by scheduling them late at night and/or by limiting access through a technical device built into the TV control handset;
- parties unfairly criticised in a television broadcast have the right of reply;
- the maximum volume of advertising that channels can carry during a given period (measured in minutes per hour or per day) are fully respected.

The EU supports European film-makers.
Time for an update
The new version, called the Audiovisual Media Services directive, adopted by the European Parliament and the EU Council of Ministers in November 2007, keeps the basic principles of the current directive but:
- extends its cover to include new media services, such as video-on-demand, or commercial services provided over the internet or mobile phones;
- allows more flexibility in the timing and scope of advertising spots, retaining a limit of 12 minutes in any hour, with the possibility of more frequent, but shorter breaks;
- allows indirect advertising through product placement – where broadcasters can charge for featuring a branded product in a programme. Product placement will not be allowed in news and current affairs broadcasts or during children’s programmes.
Public broadcasting
The commitment by EU member countries to public broadcasting services (PBS) was reinforced by the Treaty of Amsterdam, which took effect in 1999. This confirms the importance governments attach to public broadcasting because of its role in underpinning democratic, social and cultural needs and in safeguarding plurality in the face of media concentration.
Each government can support the PBS financially, provided the funding is used to pursue the public service goal and does not impede normal commercial operations or distort competition among broadcasters.
The cultural exception
The requirement in the TWF directive for a minimum quota of European programmes reflects concerns that American productions will otherwise take the lion’s share of the European market. Although EU countries make more films than the US, 75% of the income of European cinemas comes from American films.
As one way of protecting its own cultural diversity and promoting local productions, the EU has secured an exemption from the free-trade rules of the World Trade Organisation. Known as the ‘cultural exception’, this entitles its member countries to place limits on imports of cultural items like films.
Media 2007
But it does not do much good to reserve quotas for European films and programmes if there are not enough local productions to fill them. This is where the Media programme comes in. It is the second cornerstone of EU audiovisual policy. It provides financial support to expand Europe’s output of quality films and TV programmes, to increase their circulation in Europe and beyond, and to make the local industry more competitive internationally.
Media programmes started in 1990. The current one runs from 2007 until 2013 with a total budget of €755 million. Like its predecessors, it focuses on the production, distribution and promotion of films and other audiovisual works.