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24. 02. 2010

ANEM’S ENDEAVOR FOR THE HARMONIZATION OF MEDIA REGULATIONS WITH THE AUDIOVISUAL MEDIA SERVICES DIRECTIVE

One of ANEM's goals in the area of advocacy for a quality media regulatory framework is the harmonization of national regulations with European rules and standards.

The completion of the transition from analog to digital broadcasting in Serbia is scheduled for April 4, 2012; the new media are slowly taking over the market, but the regulatory framework is totally out of sync with European audiovisual standards. Recognizing the need to remedy such a situation as soon as possible, ANEM has addressed the competent authority - the Ministry of Culture - taking into account the fact that the amendments to the Broadcasting Law and the drawing up of the new Advertising Law are underway.

In its letter from February 24, 2010, ANEM indicated that the provisions of the Audiovisual Media Services Directive, on one hand, reflected technological development, while at the same time modernized the rules concerning advertising. More specifically:

The Directive covers all audiovisual media services: both traditional television, namely linear services and audivisual content on demand and non-linear services, such as video-on-demand and audiovisual content provided online or through mobile telephony;
The Directive expands the definition of European content and introduces the obligation for all electronic media to dedicate no less than 10% of air time, namely at least 10% of the program budget to European content produced by production companies independent from the media themselves;
With regard to on-demand audiovisual media services, the Directive authorizes states not to secure freedom of reception and to place restrictions on the number of retransmitted content, under precisely defined conditions and for specifically determined reasons;
The Directive liberalizes the rules concerning advertising on television, TV sales and product placement.

Therefore, ANEM has proposed the following to the Ministry:

To draw up a new law, instead of merely amending the existing Broadcasting Law, passed back in 2002. The new law would be an adequate response to the technological changes that have in the meantime taken place in broadcasting, but also to the changes to be brought about by digitalization.
The Ministry should immediately secure that the provisions of the Audiovisual Media Services Directive be taken into account while drawing up the drafts of the new Broadcasting Law and Advertising Law, as provided for by the Digitalization Strategy.

By agreeing to the above proposals, the Ministry would contribute to solving the problems faced by the Serbian media, such as the absence of or insufficient regulation of on-demand services, cable, satellite and IPTV distribution, namely restrictive and imprecise rules about advertising on electronic media. That would also significantly help ANEM's member stations, by establishing a stable and appropriate regulatory framework allowing them to operate in accordance with market and democratic principles.