Regulation of advertising in audio-visual media services: the impact on consumer protection, investments, innovation and competition

Martijn Poel, Jop Esmeijer


Europe’s member states are in the process of implementing the 2007 Audio-visual media services Directive. This report addresses two implementation issues: the definition of non-linear services and the rules with respect to product placement. The definition of non-linear services (on-demand services) and the demarcation from linear services (television broadcasting) is relevant because a set of quantitative rules applies to linear services only. This concerns quantitative rules on advertising and European content. The second implementation issue - the regulation of product placement - is linked to responsibility and editorial independence, and the protection of programme makers and consumers. Member states can introduce a set of rules to ensure that product placement does not affect the responsibility and editorial independence of media service providers. For each implementation issue, two policy options have been formulated. An impact assessment method was used to assess the impact of each policy option on consumer protection, investments, innovation and competition. This approach reflects that media regulation can take into account several policy objectives.


AVMS, impact assessment, advertising, product placement, linear, non-lineair

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