Brussels to switch on new TV ad laws

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By Chris Jones
- 13th December 2005

Controversial new rules on product placement are at the heart of a revision of the EU’s Television Without Frontiers Directive unveiled on Tuesday.

European Information Society Commissioner Viviane Reding is expected to propose that the rules on product placement be relaxed as part of a review of the 1989 directive.

Under current rules, advertising is only allowed if it is “kept quite separate” from the rest of the programme – which effectively rules out product placement as a form of advertising.

Reding is expected to allow limited product placement with European TV shows, provided that the product placement is flagged up before the programme starts.

She argues that this would ensure that there are rules in place governing product placement – a sector that is not currently covered by explicit legislation.

But product placement would not be permitted in news programmes, children’s programmes and religious programmes.

The move is seen as controversial, with consumer organizations concerned that some advertisers could use product placement to circumvent rules on the protection of public health.

And the print media has complained that allowing product placement on television would mean an erosion of its advertising revenues

Brussels will also be keen to ensure that product placement does not affect the editorial independence of producers.

Reding is also expected to announce an expansion of the scope of the directive to take into account the major technological advances since 1989.

It is now expected to cover all audiovisual content, whatever the delivery platform – television, internet or mobile telephone.

But some national regulators, which have the responsibility for implementing the rules, want to see a flexible approach from the European Commission.

They argue that a ‘one-size-fits-all’ approach cannot be imposed on media that operate in very different ways.

They want the commission to continue to allow self-regulation of some audiovisual services, as is already the case in some countries.

The directive also covers the cultural content of European broadcasting, and Reding is expected to reiterate Brussels’ commitment that the majority of EU programmes must be made in Europe and at least 10 per cent by independent producers.

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