AVMSD REVIEW: A STEP IN THE RIGHT DIRECTION, WITH MORE WORK AHEAD

Egta – the association of television and radio sales houses – commends EU policymakers for reaching an agreement on a new Audiovisual Media Services Directive. Two years of challenging negotiations have delivered some welcome flexibility in commercial communications which should contribute to a more competitive environment for European broadcasters.
We are encouraged by the liberalisation of the rules on advertising minutes and the much-needed protection of media service providers’ signal integrity. In tandem with the new responsibilities that video sharing platforms will have to abide by, sales houses see this as a first step towards a level playing field for European content producers.
egta and its member sales houses saw the revision as an opportunity to modernise the European audiovisual regulatory framework. Despite a constructive dialogue with the European institutions, it should be acknowledged though that the net result is one of modest progress rather than a future-proof legislation that reflects market realities.
Malin Häger, egta President, comments: “We sincerely welcome the positive progress made on the rules that govern audiovisual commercial communications, particularly with regards to advertising time limitations. However, we must also recognise that on some aspects, the text is less ambitious than we hoped for at the beginning of this process. Broadcasters remain far more heavily regulated than online actors who are competing for the same advertising revenue. In order to provide long-term value, it is therefore crucial that the measures foreseen in the reform are applied and enforced consistently”.
The audiovisual advertising sector contributes positively to the European Digital Single Market, and egta is confident that we can work together with regulators to ensure that this revision delivers tangible benefits to the industry.
About egta:

egta is the association representing television and radio sales houses, either independent from the channel or in-house, that market the advertising space of both private and public television and radio stations throughout Europe and beyond. egta counts more than 140 members across 40 countries.

www.egta.com

THE MEDIA MARKET JOINTLY SUPPORTS AN AMENDMENT TO THE MEDICINES ACT TO REGULATE ADVERTISING

Media operators and advertising agencies associated in professional associations jointly support the amendment to the Medicines Act, which will be voted on Friday in the plenary session of the Chamber of Deputies and which proposes to repeal the latest amendment to the law on advertising regulation. In fact, last year, an amendment to the Medicines Act amended the Advertising Regulation Act by extending responsibility for the compliance of the content of advertising for selected types of products – human medicines, food supplements and food for special and infant nutrition – with the law to its mere disseminators. Until then, only those actually involved in the advertising of such products were responsible for the compliance with the law, as is the case for other types of products. The amendment seeks to return to the original form of the law on advertising regulation.

The problematic amendment, which introduced the joint and several liability of the advertiser for the compliance of the content of advertising for medicinal products for human use, food supplements, food for special nutritional uses and infant formulae with the law, has been in force since April 2017. It has not led to any increase in the level of consumer protection, it has just proved to be easily exploitable for the competition of the producers of the products concerned. Already last spring, the entire media sector warned that extending liability to the disseminators of advertising cannot lead to greater consumer protection. Advertisers do not have the professional qualifications or the legal tools to be able to gather the necessary evidence and make an informed assessment of whether or not the advertised product, for example, actually boosts immunity.

“Media operators understand that the aim of the amendment was to provide greater consumer protection, but shifting responsibility to the advertiser is not the right way to go. Consumer protection can only be increased by effective enforcement of legal obligations on advertisers. We hope that the legislators will understand this fact and support the amendment that returns the wording of the Advertising Regulation Act to its original form and reject the current amendment as unconceptual and unsystematic,”

comments Ján Simkanič, Chairman of the Association for Internet Development (SPIR).

Sdružení pro internetový rozvoj (SPIR)
Asociace komerčních televizí (AKTV)
Asociace televizních organizací (ATO)
Unie vydavatelů (UV)
Asociace provozovatelů soukromého vysílání (APSV)
Asociace komunikačních agentur (AKA)
Asociace českých reklamních agentur a marketingové komunikace (AČRA MK)

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