KAUFMÄNNISCHE DIREKTION The new TWF directive: Reduce regulation to the necessary minimum! © Michael Wagenhofer.

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Presentation transcript:

KAUFMÄNNISCHE DIREKTION The new TWF directive: Reduce regulation to the necessary minimum! © Michael Wagenhofer

KAUFMÄNNISCHE DIREKTION AGENDA  Developments in the broadcasting sector  Convergence of editorial and commercial content  „Regulated self-regulation“  Public service broadcasters needs

KAUFMÄNNISCHE DIREKTION DEVELOPMENTS IN THE BROADCASTING SECTOR (1)  Technological developments ⇨ driver of regulation in the broadcasting field  Emergence of direct broadcast satellites (DSB) in the 1980ies ⇨ TWF directive of 1989  Emergence of digital television ⇨ new TWF directive of 200?

KAUFMÄNNISCHE DIREKTION DEVELOPMENTS IN THE BROADCASTING SECTOR (2)  Viewers habits have changed („Channel Surfer“, Personal Video Recorders)  Decreasing importance of traditional spot advertising  New forms of advertising

KAUFMÄNNISCHE DIREKTION CONVERGENCE OF EDITORIAL AND COMMERCIAL CONTENT  Product Placement  Virtual Advertising  Split-Ads  No legal certainty!

KAUFMÄNNISCHE DIREKTION „REGULATED SELF REGULATION“ (1) Flexible legal Framework Code of Conduct Broadcaster Regulato r confirmation ☹ viewer´s council

KAUFMÄNNISCHE DIREKTION „REGULATED SELF REGULATION“ (2)  Flexible legal Framework  Authorization für the broadcaster to draw up a code of conduct  Confirmation of the code by the regulator  Supervision by the viewer  Subsidiary state control

KAUFMÄNNISCHE DIREKTION „REGULATED SELF REGULATION“ (3) Advantages:  Regulation keeps up with market developments  Legal certainty  Code fits the identity of the broadcaster

KAUFMÄNNISCHE DIREKTION PUBLIC SERVICE BROADCASTERS NEEDS  Depend on advertising revenue to fullfill their public service remit  Special situation in small countries bordering a large country with the same language (Ireland, Switzerland, Austria etc)  No diskrimination between public broadcasters and commercial broadcasters in the advertising field

KAUFMÄNNISCHE DIREKTION SUMMARY Requirements for the new TWF directive:  Flexible legal framework  Authorization for Self-Regulation  Subsidiary state control  No discrimination of public and commercial broadcasters in the advertising field