European Media Law

Summary

European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights And The EC Treaty to numerous directives, The most recent being the Audiovisual Media Services Directive 2007, a supranational and interrelated regime lays an extensive groundwork on which practitioners, regulators, and service providers and other enterprises in all EU Member States must rely. Now, For all these and other interested parties, this book supplies the first in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. Leading European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary on the following: bull; the Television without Frontiers Directive; bull; the Audiovisual Media Services Directive; bull; directives on advertising, On copyright, On e-commerce, and on electronic communications; bull; relevant primary law such as Article 4955 EC on the freedom to provide services, The competition and state aid rules of Articles 81, 82, 86, 87, including the merger regulation, and Article 151 on culture; and bull; Article 10 of the European Convention on the protection of Human Rights and Fundamental Freedoms. The commentary interprets the law whenever possible article by article, section by section, and concept by concept, with reference to relevant case law and legal literature as issues arise. Illustrating their reasoning throughout with practical examples, The authors also take account of anticipated developments and future reforms that are likely to have an impact on the existing legislation. All texts are structured in paragraphs that are consecutively numbered to enable easy cross-referencing. Because national audiovisual media law must be interpreted in the light of primary and secondary European law, The commentary is vital for the interpretation not only of European media law but of national media regulation as well. In its analysis not only of the legal texts themselves, but also of the interrelation between the different laws and regulations, this book will be welcomed by legal practitioners, The media industry, lobbying groups, lawmakers, regulatory authorities, and broadcasters, As well as media service providers and academics. The project of which this book is the result was supported by the Institute of European Media Law, The Erich Pommer Institut for Media Law and Media Economics, And The Institute for Information Law of the Law Faculty of the University of Amsterdam.

Manual
User's Guide
List of Abbreviations
List of Short Titles for Repeatedly Cited Documents
Commentaries
General Introduction
Towards a European Media Law	p. 3
Primary European Law
European Convention on Human Rights and Fundamental Freedoms
Article 10 ECHR (Freedom of Expression)	p. 35
EC Treaty Provisions Relevant for the Media
Articles 49 et seq. EC (Freedom to Provide Services)	p. 85
Article 81 EC (Cartels)	p. 123
Article 82 EC (Abuse of a Dominant Position)	p. 151
Excursus: EC Merger Regulation	p. 179
Article 86 EC (Undertakings with Exclusive or Special Rights/Services of General Economic Interest)	p. 199
Articles 87 et seq. EC (State Aid)	p. 207
Article 151 BC (Culture)	p. 245
European Media Law
Directive 89/552/EEC 'Television without Frontiers' Directive (TWFD)
Article 1 (Definitions)	p. 267
Article 2 (Country of Origin Principle/Jurisdiction)	p. 337
Article 2a (Freedom of Reception and Retransmission Principle)	p. 359
Article 3 (Stricter Rules/Compliance/Remedies)	p. 365
Article 3a (Major Events)	p. 407
Article 4 (Quota for European Works)	p. 429
Article 5 (Quota for Independent Productions)	p. 457
Article 6 (Definition of European Works)	p. 471
Article 7 (Media Windows)	p. 479
Article 9 (Non-nationwide Broadcasts)	p. 485
Article 10 (Principles for Advertising and Teleshopping)	p. 489
Article 11 (Insertion of Advertising and Teleshopping)	p. 513
Article 12 (Standards for Advertising and Teleshopping)	p. 541
Article 13 (Tobacco Products)	p. 557
Article 14 (Medicinal Products and Treatments)	p. 573
Article 15 (Alcohol)	p. 591
Article 16 (Minors)	p. 603
Article 17 (Sponsorship)	p. 619
Article 18 (Duration of Advertising and Teleshopping)	p. 641
Article 18a (Teleshopping Windows)	p. 663
Article 19 (Teleshopping Channels)	p. 671
Article 19a (Self-Promotion Channels)	p. 681
Article 20 (Exceptions for Non-transfrontier Broadcasts)	p. 689
Article 22 (Protection of Minors)	p. 699
Article 22a (Incitement to Hatred)	p. 721
Article 22b (Research on Additional Protective Measures)	p. 729
Article 23 (Right of Reply)	p. 733
Article 23a (Contact Committee)	p. 759
Articles 24-27 (Final Provisions)	p. 779
Directive 2007/65/EC 'Audiovisual Media Services' Directive (AVMSD)
Article 1 (Definitions)	p. 799
Article 2 (Country of Origin Principle/Jurisdiction)	p. 847
Article 2a (Freedom of Reception and Retransmission Principle)	p. 851
Article 3 (Stricter Rules/Measures against Abuse/Compliance/Co- and Self-Regulation/Relation to the e-Commerce Directive)	p. 857
Article 3a (Identification of Providers)	p. 867
Article 3b (Incitement to Hatred)	p. 873
Article 3c (Access to Services for People with a Visual or Hearing Disability)	p. 877
Article 3d (Media Windows)	p. 887
Article 3e (Principles and Standards for Audiovisual Commercial Communications)	p. 889
Article 3f (Sponsorship)	p. 905
Article 3g (Product Placement)	p. 907
Article 3h (Protection of Minors)	p. 919
Article 3i (Promotion of European Works)	p. 923
Article 3j (Major Events)	p. 927
Article 3k (Short Reporting)	p. 929
Article 4 (Quota for European Works)	p. 935
Article 5 (Quota for Independent Productions)	p. 937
Article 9 (Non-national Broadcasts)	p. 941
Article 10 (Principles for Television Advertising and Teleshopping)	p. 943
Article 11 (Insertion of Advertising and Teleshopping)	p. 953
Article 14 (Teleshopping for Medicinal Products and Treatments)	p. 961
Article 15 (Alcoholic Beverages)	p. 963
Article 18 (Duration of Advertising and Teleshopping)	p. 965
Article 18a (Teleshopping Windows)	p. 969
Article 19 (Specialist Channels for Advertising, Teleshopping, and Self-Promotion)	p. 973
Article 20 (Exceptions for Non-transfrontier Broadcasts)	p. 979
Article 22 (Protection of Minors)	p. 983
Article 23 (Right of Reply)	p. 985
Article 23a (Contact Committee)	p. 991
Article 23b (Cooperation of Independent Regulatory Bodies)	p. 995
Articles 24-26 (Final Provisions)	p. 1001
Related Directives
Directive 93/831EEC 'Satellite and Cable' Directive (SCD)	p. 1009
Directive 2006/114/EC 'Misleading and Comparative Advertising' Directive (MCAD) and Directive 2005/291EC 'Unfair Commercial Practices' Directive (UCPD)	p. 1051
Directive 2001l31/EC 'e-Commerce' Directive (eCD)	p. 1081
'Electronic Communications Regulatory Framework' Introduction to the Package of Directives	p. 1109
Directive 2002119/EC 'Access Directive': Access Regulation	p. 1127
Directives 2002/211EC 'Framework Directive' and 2002/20/EC 'Authorization Directive': Allocation of Frequencies for Broadcasting	p. 1151
Directive 2002/22/EC 'Universal Services Directive': 'Must Carry' Obligations	p. 1163
Appendices
List of Cases	p. 1177
Legal Texts (TWFD and AVMSD)	p. 1231
List of Participating Institutes, Editors and Authors	p. 1345
Index	p. 1353
Table of Contents provided by Blackwell. All Rights Reserved.

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