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document.write(' A SET OF CLEAR RULES BEFORE A STRAIGHTFORWARD BASIS
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document.write(' "To support the development of new business opportunities without jeopardizing important public interests such as the protection of minors and human dignity, the rules for audiovisual media services have to be as concise as necessary and as flexible as possible".
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document.write(' – EU Commission, Information Society and Media. OCT 2008.
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document.write(' The development and uptake of new and innovative services rely on the upholding of rules for stable and predictable business environment. Knowing this set of rules and who must enforce it, therefore, is a special concern for service providers and users alike. Since users possess different degree/s of choice and control over on-demand audiovisual media services, a basic tier of rules apply to them. Although it is necessary to be stricter on the legal framework to address advertising and protecting human dignity and children.
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document.write(' When it comes to jurisdiction for satellite broadcaster, the AVMSD reverses the criteria defining jurisdiction under the old rules: when a broadcaster based outside the EU uses a satellite up-link in a EU country, the country of origin will have plain jurisdiction. Solely when there is no up-link within the EU, does the EU country whose satellite capacity is used gain jurisdiction. The key question which arises at this time is which country’s rules apply then? Under the new rules, EU countries can restrict the retransmission of unsuitable on-demand audiovisual content –e.g. neo-Nazi propaganda- which may not be banned in its country of origin, (art. 2).
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document.write(' NEW CHALLENGES EVENTUALLY ARISING. CONSUMER PROTECTION AND ADVERTISING RULES
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document.write(' In this context, relevant new challenges are also addressed, such as the potentially unhealthy foodstuff (‘fatty foods’) through calls for industry self-regulation or even combined with local government regulation (co-regulation, art. 4.7). However, private correspondence falls outside the scope of the Directive, as do services that do not primarily seek to distribute audiovisual content, such as the electronic versions of newspapers and magazines. As on-demand services become increasingly popular, it is important to protect a reasonable economic foundation for all audiovisual media service providers and the AV stakeholder community. The Directive updates the rules on television advertising across the new audiovisual environment. As an outcome, users now benefit from general requirements that make advertising and commercial messages readily recognizable, protect human dignity, and abstain from using surreptitious / subliminal techniques. The new rules have a broad definition of what constitutes advertising; including sponsorship, product placement (it refers to products in film scenes or as part of certain audiovisual programmes), and / or teleshopping. Programme sponsorship has to abide by the same rules in all audiovisual media services (art. 1.1.h). This enhances that all forms of commercial audiovisual content are covered by a common set of rules, whatever mode of delivery is used for the programmes to which they are associated. The existing ban on tobacco advertising is extended to on-demand services. The same applies to the portrayal of alcohol thus giving special consideration to the protection of minors. Furthermore, in our view, products / programmes / brands / symbols which encourage teenage anorexia, bulimia, binge eating and all kinds of eating distress should be banned as well. Broadcasters enjoy more flexibility as regards the insertion of spot advertising and sponsorship comprising the established hourly limit of 12 minutes for advertising / teleshopping spots. In this manner, all service providers can best exploit the enormous potential of EU audiovisual commercial communications, while a high standard of consumer protection is ensured.');
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