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

Authors

  • Martijn Poel TNO, Delft University of Technology
  • Jop Esmeijer TNO

DOI:

https://doi.org/10.15847/obsOBS332009263

Keywords:

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

Abstract

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.

Author Biographies

Martijn Poel, TNO, Delft University of Technology

Martijn Poel is a senior researcher at TNO Information- and Communication Technology. In addition he is an affiliate at Delft University of Technology.

Jop Esmeijer, TNO

Jop Esmeijer is a researcher at TNO Information- and Communication Technology.

Downloads

Published

2009-11-06

How to Cite

Poel, M., & Esmeijer, J. (2009). Regulation of advertising in audio-visual media services: the impact on consumer protection, investments, innovation and competition. Observatorio (OBS*), 3(3). https://doi.org/10.15847/obsOBS332009263

Issue

Vol. 3 No. 3 (2009)

Section

Articles

License

Observatorio (OBS*) has an academic journal profile. As such, it is dedicated to the open exchange of its contents, and freely available to individuals and institutions without charge or formal permission. Copies of this journal or articles in this journal may be distributed for research or educational purposes free of charge and without permission. Authors will not be charged for publication or submission to this journal. Authors who publish in Observatorio (OBS*) will release their contributions under the Creative Commons Attribution-NonCommercial-2.0 generic. This licence allows anyone to copy and distribute the article for non-commercial purposes provided that appropriate attribution is given - being the author the copyright holder. This journal utilizes the LOCKSS system to create a distributed archiving system among participating libraries and permits those libraries to create permanent archives of the journal for purposes of preservation and restoration. The publisher perpetually authorizes participants in the LOCKSS system to archive and restore our publication through the LOCKSS System for the benefit of all LOCKSS System participants. Specifically participating libraries may: • Collect and preserve currently accessible materials; • Use material consistent with original license terms; • Provide copies to other LOCKSS appliances for purposes of audit and repair. Fair use of a copyrighted work, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; & 4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. In accord with these provisions, the OBS journal believes in the vigorous assertion and defense of Fair Use by scholars engaged in academic research, teaching and non-commercial publishing. Thus, we view the inclusion of “quotations” from existing print, visual, audio and audio-visual texts to be appropriate examples of Fair Use, as are reproductions of visual images for the purpose of scholarly analysis. We encourage authors to obtain appropriate permissions to use materials originally produced by others, but do not require such permissions as long as the usage of such materials falls within the boundaries of Fair Use.