communications environment” encourages dialogue between Member States and the private sector in order
to clearly define respective roles and responsibilities, and to ensure that complementary regulatory systems
– such as new forms of co-regulation and self-regulation – respond adequately to the changes in
technological development.
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While the objective of the Recommendation is to protect users, it also raises
issues regarding the possible abuse of such measures and their lack of transparency vis-à-vis end-users.
Audiovisual service offered by Internet providers that simply host the content uploaded directly by
users, cannot be included in a possible definition of broadcasting service. The service provider often is not
exerting editorial control, and therefore does not have the responsibility for the content available on line.
This does not exclude, however, the application of general Internet regulation.
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Advertising
Advertising quotas and time frames were developed to limit commercial communications in
traditional linear, point to multipoint broadcast transmissions. In a more interactive environment, and with
VOD and PVR providing some possibility to skip frames, the traditional advertising model has become
less effective, while at the same time regulations constrain the development of different models. A
controlled liberalisation of some rules for television advertising, such as product placement, interactive
online selling and banners during certain programmes, could help the development of new business
models, allowing broadcasters to compete with innovative Internet-based video services, at the same time
protecting the interests of users.
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Quotas
A number of OECD countries have content quotas, usually for language (minority languages) or
specific categories of content (such as religious or cultural programmes, or independent productions). In
many cases quotas are combined with timeframe requirements for the transmission of the content. Quotas
have been established when users had a limited choice of TV channels, and the exclusion from this
transmission platform meant the impossibility to address large audiences.
With technological development, TV viewing habits have changed, and more choice is available to
users. This does not mean that stimulating or ensuring the availability of specific types of content should
be discontinued. It is still important to guarantee access to certain kinds of programmes; however quotas
are becoming less important and may not be adapted – without appropriate modifications – to new
platforms. New instruments should be considered by policy makers, including for example the possibility
of offering non-linear services for specific types of production, which interested users will be able to
access – for free – at the time they prefer.
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Must carry
Most OECD countries enforce some form of “must-carry” regulation. These rules were devised
during a period of scarcity of distribution networks, and usually imposed on what the public considers as
“primary networks”. In the European regulatory framework on electronic commerce, for example,
DSTI/ICCP/CISP(2007)2/FINAL
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article 3(1) of the Universal service directive permits member states to impose proportionate and
transparent “must carry” obligations on cable television network operators. These obligations may also be
imposed on terrestrial and satellite networks.
As a result of technological and market developments, there is less dependence on a single
infrastructure, and more channels and platforms for distribution of content are now available. Must carry
rules should therefore be limited to a reasonable number of channels, including especially public service
channels. Instead of “must carry”, consideration could be given to a framework whereby terrestrial
broadcast channels should be subject to “must offer” requirements, i.e. certain broadcasters are obliged to
offer their content to other platforms if they ask for it (so that content will not be “locked-in” on a single
platform, but can be made available through different devices).
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