On the Possible Extension of the
EU Television Without Frontiers Directive

October 26, 2005

EABC supports the goals of the i2010 Communication, and endorses the need for an open and competitive knowledge-based European economy. In pursuit of that goal, we do not support the possible extension of the EU TV Without Frontiers Directive.  The impact of imposing a broadcast television regulatory model on new, non-linear services, as well as linear services supplied over new channels may stifle innovation and hinder consumer access to content.  

Including non-linear services delivered over the Internet and mobile phones under the Directive would be both inappropriate and ineffective, and would greatly hinder the successful outcome of the Lisbon process. The convergence of services, devices and networks are leading to the emergence of new, mostly non-linear services. However, market penetration for these new services is only in its infancy, and business cases are still being developed. The introduction of new regulatory requirements would create a regulatory burden with an uncertain impact, raise costs and potentially defeat the very goals set out by the Commission in the i2010 communication.

We are also concerned about the regulatory requirements that may be imposed on new linear audiovisual services.  The context for services such as TV over mobile and online streaming of live events via a website is quite different from that for traditional broadcast television.  Applying the regulatory model for linear broadcast television content to these new channels is not appropriate and could serve to stifle innovation.

The E-Commerce Directive already addresses many of the same goals as the proposed Directive, in particular the objective of internal market growth, free movement of services, and integration of services regulation. The Directive would lead to duplication of existing regulation, which would be at odds with the Commission’s ‘Better Regulation’ initiative. Therefore, the Commission’s key goals can best be met by adopting a cautious approach and forbearing from regulation.

With respect to protection of minors and audio-visual content, the EU has already undertaken a number of important initiatives, including the safer Internet Plus Program. In addition, many companies are adopting voluntary guidelines on content and providing their users with the tools and technology to make their own choices. Self regulation and the provision of filtering tools are likely to be far more effective than attempting to apply broadcast regulations to providers who transmit audio-visual content online or on mobile phones.

As the Commission develops its approach to updating the Television without Frontiers Directive, we urge it to keep in mind the following principles:

1. New technologies and delivery platforms create opportunity for Europe to realize its e-Europe 2010 objectives. Hence, future policies on audio-visual content should create an environment which fosters innovation and investment which are required to develop the newly emerging technologies and development platforms.
   
   
2. The Commission should forebear from regulating content delivered over new platforms in the same way it regulates broadcast content. Otherwise, the regulations run the risk of chilling innovation and the production of content for new media. This would be counterproductive to the Commission’s own aims and objectives.
   
   
3. The Commission should refrain from regulating the Internet on an extraterritorial basis which could create barriers to trade. Any proposed regulation should be carefully evaluated to determine whether it could have extraterritorial ramifications, particularly given the cross-border nature of access to content over the Internet.

EABC Contact: Sara Tesorieri

Sara @ EABC.org

  322-513-3872

  202-470-3472