MNRA NEWSLETTER

Transcription

MNRA NEWSLETTER

September 2014
MNRA NEWSLETTER
Dear Members of the Mediterranean Network
of Regulatory Authorities,
I cordially salute and truly welcome the bona fide
efforts made by all Member Authorities over the past
two years inasmuch as they have put together
the keystone for the markedly elevated standard
of our Plenary Meetings.
Andreas Petrides
Executive Chairman of the
Cyprus Radio Television Authority
President of the Mediterranean Network
of Regulatory Authorities
Effectively, this denotes a notable opportunity for us
to determine political guidelines and strategies
as well as to enhance our ties of cooperation,
thereby empowering our vital and dynamic role.
I trust that the forthcoming Plenary Meeting
of the MNRA in Nouakchott will not only verify this,
it will also amplify it.
MNRA NEWSLETTER | SEPTEMBER 2014
CONTENTS
1
AGENCIJA ZA ELEKTRONIČKE MEDIJE - AEM
4
AUTORITÀ PER LE GARANZIE NELLE COMUNICAZIONI - AGCOM
7
COMISIÓN NACIONAL DE LOS MERCADOS Y LA COMPETENCIA - CNMC
10
COMMUNICATION REGULATORY AGENCY - CRA
12
CONSEIL SUPÉRIEUR DE L'AUDIOVISUEL - CSA
20
CONSELL DE L’AUDIOVISUAL DE CATALUNYA - CAC
28
CYPRUS RADIO TELEVISION AUTHORITY - CRTA
34
MALTA BROADCASTING AUTHORITY - BAM
AGENCIJA ZA ELEKTRONIČKE MEDIJE - AEM
1
Agencija Za Elektroničke Medije
Regulatory Authority Issues
Mirjana Rakić has been appointed Chairperson of the Agency for the Electronic Media (AEM), Damir Hajduk has been
re-elected and Alemka Lisinski has been appointed as Council members for a five-year mandate by the Croatian Parliament
upon the proposal of the Government of the Republic of Croatia. At the Council meeting, held on 10 July, Damir Hajduk was
appointed as a deputy Chairperson.
Regulatory Framework; the Amedments to the Electronic Media Act
The process of amendments to the Electronic Media Act, started late 2012, launched by the Ministry of Culture of the Republic of Croatia. Aﬅer public consultation, the Amendments to the Act were adopted by the Croatian Parliament in November
2013. Some of the Amendments to the Act refer to the following questions: harmonization with the Law on Administrative
Procedure and the Law on Administrative Disputes; definition by the non-profit status of audiovisual and radio programs and
non-profit electronic publications; regulation of the establishment of the media service providers within the European Union;
restriction of the provision of protected services or associated services, which originate from another Member State of the
European Union; regulation of the financing of programs and facilities of the Fund for the Promotion of Electronic Media, in a
way that, in addition to funding existing programs, and introduction to the so-called co-financing third media sector,
non-profit media or electronic publications (web portal), and non-profit producers of audiovisual and / or radio programs, as
well as non-profit providers of media services on demand, and non-profit media service providers who have received permission from the Council for satellite, internet, cable transmission and other legitimate forms of transmission of audiovisual and
/ or radio programs from the Fund for the Promotion of electronic media.
The Ordinance on the Fund for the Promotion of Pluralism and Diversity in Electronic Media
In December 2013, aﬅer public consultations, the Council for the Electronic Media has adopted the Ordinance on the Fund for
Promotion of Pluralism and Diversity in Electronic Media. The Ordinance stipulates the manner and procedure of conducting
public tenders for co-financing audiovisual and radio programs including content in electronic publications from the Fund for
the Promotion of Pluralism and Diversity in Electronic Media, the proportion in which assistance from the Fund for the
Promotion of Pluralism and Diversity in Electronic Media is allocated to particular beneficiaries, tracking the use of assistance and the establishment of programmes and content for which they are allocated, and the scope and manner of work
undertaken by expert assessors.
New visual identity, new web site of the Agency for the Electronic Media and a central DATABASE
The webdesign has been modernised and the contents restructured in order to make it more user-friendly. The Agency
launched a project which aims to provide easier and faster communication of media service providers with the Agency via a
central database.
Inaugural meeting of the European Regulators Group for Audiovisual Media Services (ERGA)
The representatives of the Council for the Electronic Media, Mirjana Rakić - president and Damir Hajduk – deputy attended
the inaugural meeting of EU Independent National Regulatory Authorities for AVMS.
Experts meeting on Cartoons and the protection of minors - legal framework and best practices
Organized by the AEM in Zagreb. Various stakeholders presented their views on the subject of violence in cartoons and
analyzed the legal framework regarding the contents of which could threaten the moral and physical development of
children and adolescents. The aim of the meeting was to share experiences of regional regulatory authorities with local
experts, publishers and interested publics, and to sketch the guidance on how to bring the best way to respond to inappropriate and violent content in cartoons.
2
The meeting of representatives of the Council for the Electronic Media and the UNICEF Office Croatia
Was organized with the aim of finding a model of joint cooperation in the field of children's rights and the media. The Agency
participated the regional conference How to communicate with children, organized by UNICEF (in Budva, Montenegro, late
April 2014), with the aim of defining the relevant topics in the field of children's rights and the media, with an emphasis on
initiatives and measures that promote good practice and "positive" regulation.
Electronic Media Days (6th edition), held in Opatija
Coorganized by the Agency for the Electronic Media in cooperation with the Croatian Association of Radio and Newspapers,
the National Association of Television, Croatian Post and Electronic Communications Agency, discussed the challenges in
the media at the local, regional, national and European level.
Agency for Electronic Media, in cooperation with MEDIA Office - Creative Europe Desk organized an infoday in which
participants were presented application calls relating to the award of two types of grants: producers and televisions, and
audience development.
International scientific conference on Media Literacy in the Digital Age - cultural, economic and political perspectives
Organized in Zagreb, by the Croatian Studies - Department of Communication in cooperation with the Council for the
Electronic Media. Scientific and professional contributions involved several issues related to the media literacy and its
position in relation to information literacy, digital literacy, media education, and media culture; digital gap and possible
overcome using media literacy; media education for children, etc.
3
AUTORITÀ PER LE GARANZIE NELLE
COMUNICAZIONI - AGCOM
4
Autorità Per Le Garanzie Nelle Comunicazioni
1)
White Paper on media and children
Following to the activity of the interdisciplinary ad hoc working group, on January 2014 AGCOM released a White paper on
Media and Children focusing on media consumption by minors and on parental control.
The document focuses on the need of an intensive training of children and adults to improve the awareness in the media use
and the need to re-think the rules on minor protection on a global perspective, in order to involve all the interested actors.
White papers on Media and Children is an example of use of a soﬅ law tool for the governance of the new media sector.
2)
The protection of copyright on electronic communications networks
On March 2014, AGCOM regulation on the protection of copyright on electronic communications networks and implementing
procedures entered into force.
The new regulation introduces a specific procedure for requesting the take down of copyright infringing contents on the
Internet and on audiovisual media services.
Approved aﬅer a wide and comprehensive process of public consultation, it is having a significant impact on the activities of
web-operators (such as, for example, companies managing websites, web TV and video-on-demand platforms).
The regulation introduces two different proceedings: the first one aims at protecting copyright on the Internet, and the
second one aims at protecting copyright on audiovisual media services (e.g. broadcasting, live streaming, webcasting and
video-on-demand).
It is important to underline that the regulation does not affect in any way the end-users who enjoy streaming or downloading
of works in breach of copyright law, or who share the same with file sharing programs. Moreover, from the business side,
suppliers of caching services, including search engines, are outside the scope of application of the regulation.
3)
AGCOM published its 2014 annual report
In compliance with the obligation fixed by Law 249/1997 (institutive Law), on July 15th 2014 AGCOM annual report was
submitted to the Parliament.
The annual report covers the activities carried out in the previous year and the planned actions.
As far as media sector is concerned, the report focuses on the regulatory challenges originated by the new internet services,
which request either the update of the present rules (for example as concerns protection of minors) or the setting of new
regulatory solutions (for example in the field of net neutrality rules and apps regulation).
4)
Analysis on usage modalities and conditions of leasing of transmission capacity
With regulation 438/13/CONS of 18 July 2013, AGCOM launched an analysis about modalities and conditions for leasing
transmission capacity to deliver television programs on the main broadcasting platforms: digital terrestrial television (DTT),
digital satellite (Direct to Home - DTH), fixed telecommunications networks (IPTV).
On June 30th 2014 the analysis has been closed. Such investigation shows, more specifically, that transmission capacity on
digital terrestrial television networks is currently offered by eight national network operators, who manage nineteen
national networks (multiplex). The nineteen multiplexes, currently assigned, have different features, both in terms of technical characteristics, and efficiency of the services provided, as well as economic returns generated.
5
The analysis highlights that, in the national context, there is a large and well diversified offer of transmission capacity.
Consequently, neither technical nor economic problems have been found that can reduce the access to this kind of resource.
5)
The Permanent Observatory on product placement
During 2014 a "Permanent observatory about the product placement" has been launched. This dialogue with the industry
aims at identifying shared solutions to the complex problems presented by the subject matter of self-regulation. The Centre
also benefits from the active collaboration of the "Workshop on product placement" constituted in the Department of
Business Studies, University Roma Tre.
In view of the impartial role that AGCOM holds more closely than at the "negotiation phase" pursuant to the identification of
the self-regulatory requirements, the Permanent Observatory has seen fit to delegate the necessary measures to expand
the issues in practical terms to the aforementioned laboratory, in 'context of which, the parties may discuss about the best
solution about the product placement implementation.
The new Regulation for the authorization of transfers of ownership of broadcasting companies and for the investigation on the dominant position
A new Regulation annex to resolution no. 368/14/CONS aims at updating the rules (timing, procedures and notification forms)
for the authorization of transfers of ownership of broadcasting companies as well as in the fields of merger or arrangements
notifications and investigation on the dominant position in the integrated communications system.
6
COMISIÓN NACIONAL DE LOS MERCADOS
Y LA COMPETENCIA - CNMC
7
Contribution of Cnmc to Mnra Newsletter1
The Spain’s National Authority for Markets and Competition started its activities
AOn 7th October 2013, the Spain’s National Authority for Markets and Competition (CNMC), the new independent authority
in charge of both competition and regulatory matters, became operational. The CNMC merges the horizontal antitrust
authority with the independent sector-specific NRAs of audiovisual, electronic communications, energy, postal and transport
(railway and airport).
The CNMC is the first Spanish national independent regulator for the audiovisual services and it will be responsible from now
on of ensuring the proper functioning of the audiovisual market.
The Board consists on ten members: President, Vice-President and eight members. It is ruled by two chambers: the Competition
Chamber, headed by the President Mr José María Marín Quemada, and the Sector-Specific Supervision Chamber, headed by
the Vice-President Ms María Fernández Pérez. The audiovisual regulatory issues are dealt with by the Supervision Chamber.
The Act of Creation of the CNMC can be found at the following link (only available in Spanish): https://www.boe.es/boe/dias/2013/06/05/pdfs/BOE-A-2013-5940.pdf
New Spanish Telecommunications Act approved
On 9th May 2014, the Spanish Parliament adopted the Act 9/2014 on Telecommunications. This new general regulation of
electronic communications networks and services replaces the previous law that had been in place for more than ten years,
since 2003.
The law contains a number of provisions with an impact on the audiovisual sector, in particular:
•
•
•
authorizes only the use of frequencies for which the audiovisual licence has been granted;
introduces a procedure that allows the Ministry of Industry to occupy or interfere with the frequencies for which
individual rights of use have not been granted;
increases the amount of sanctions for breaching obligations or provisions from 100€ to 10,000€/day to 125€/30,000€ a day.
The new Act was published in the Official Spanish Gazette on 10 May, 2014 (only available in Spanish): http://www.boe.es/boe/dias/2014/05/10/pdfs/BOE-A-2014-4950.pdf
CNMC reported on the promotion of European audiovisual works in 2012
In a Decision published on 27th May, the CNMC states that 15 out of 20 undertakings analyzed fulfilled the obligation to
devote 5% of their income to the production of European audiovisual works. The Spain’s National Authority for Markets and
Competition is responsible for annually monitoring the fulfilment of this obligation.
Telecom operators and TV channels pay €212M to finance public service broadcasting
CNMC reported that in 2013 telecommunications operators and TV channels paid €212m in taxes to finance the public
service broadcaster, RTVE, in a Decision published on 29th April. Of this amount, €152.3m corresponds to telecom operators
and €59.72m to TV channels, respectively.
Spain introduced legislation in September 2009 that prohibited TV advertising and other means of generating direct revenue
for public broadcaster RTVE. To compensate for this loss, a tax system was introduced. Free-to-air commercial broadcasters
and pay-TV operators have to pay 3% and 1.5% of their respective revenues to fund RTVE, while operators of electronic
communications have to pay 0.9%.
1
Information from October 2013 to July 2014.
8
CNMC fined Mediapro and four football clubs
On 28th November 2013, CNMC fined Mediapro and four football clubs, Real Madrid, FC Barcelona, Sevilla and Racing de
Santander for having breached competition rules by signing contracts for TV rights for four seasons. Fines take into account
the amount paid for each season. They were fixed at €6.6m for Mediapro, €3.6m for FC Barcelona, €3.9m for Real Madrid,
€0.9m for Sevilla and €30.000 for Racing.
Nine DTT channels closed down
On 5 May 2014, nine Spanish TV channels were closed down aﬅer a ruling by the Supreme Court of Spain. This shutdown is
the result of a 2012 Supreme Court ruling that cancelled out the concession of additional channels to existing broadcasters,
on the grounds that the concession was made without a public tender.
9
COMMUNICATION REGULATORY AGENCY - CRA
10
Communications Regulatory Agency
of Bosnia and Herzegovina
Contribution to MNRA Newsletter
New Council of Communications Regulatory Agency appointed
House of Representatives of the BiH Parliament appointed the new CRA Council: Zoran Tomić, Nino Ćorić, Ljubo Božović,
Miloš Šolaja, Plamenko Čustović, Mirza Milišić and Faruk Borić. BiH House of Peoples confirmed the appointment at the
session held on December 17th 2013. Mr Plamenko Čustović was elected to the position of the Chairman of the Council, while
Mr Zoran Tomić was elected Vice Chair.
Director of Broadcasting Helena Mandic Appointed the Chair of European Platform of Regulatory Authorities (EPRA)
At the 39th session of the European Platform of Regulatory Bodies (EPRA), held in Budva from June 04-06 2014, Helena
Mandić, Director of Broadcasting Division at the Communications Regulatory Agency of Bosnia and Herzegovina (Agency),
was elected to the position of EPRA Chairwoman. 165 representatives from 46 countries attended the session in Budva. This
is the second time a person from Bosnia and Herzegovina was elected to the position of EPRA chairperson, which is a
positive indication to the Europe that the Agency possess cadre and other potential to be in the same rank with other
European Union countries in the field of regulation of Audiovisual and Radio Media Services.
Users of Audiovisual and Radio Media Services in Bosnia and Herzegovina
In Bosnia and Herzegovina, there are currently 43 holders of the Licence for Terrestrial Television Broadcasting, and 143
holders of the General Licence for Radio Broadcasting. Besides, there are also 3 holders of the Licence for a Non/profit Radio.
Overall 38 licensees have a Licence for Television broadcasting over other Electronic Communication Networks. Out of
overall number of issued licences, 8 licensees are public owned and 30 are private.
Furthermore, there are 48 licensees with the Licence for the Distribution of Audiovisual Media Services and Radio Media
Services, out of which 42 are distributing via cable, 1 is distributing via satellite (DTH), and 5 are distributing over the IPTV
platform. Overall number of subscribers on December 31st 2013 was 566.074.
Since the Agency has a mandate to process cases of breach of Agency’s rules and regulations, overall 92 cases related to
compliance with the Agency’s rules and regulations were processed in the last year. Most of the complaints received regarding programme content were related to the alleged failure to broadcast reply/denial by licensees, as well as to inappropriate
scenes or dialogues within film/series/reality programmes.
Sarajevo, 15th July 2014
Public Affairs Department
Sjedište, Mehmeda Spahe 1, 71000 Sarajevo, Tel.: 033/250-600, Fax: 033/713-080
Регионални сектор Бања Лука, Јеврејска 99, 78000 Бања Лука, Тел: 051/222-410, Факс: 222-411
Regionalni sektor Mostar, Franjevačka 90/Р, 88 000 Mostar, Tel.: 036/333-670, Fax: 036/333-671
11
CONSEIL SUPÉRIEUR DE L'AUDIOVISUEL - CSA
12
Création du groupe des régulateurs
de l’Union européenne (ERGA)
The MNRA Newsletter
Issue No. 4, expected to be published in September 2014
Contribution of the Conseil supérieur de l’audiovisuel
Institutional Activity
Establishment of the European Regulators Group for Audiovisual Media Services (ERGA)
The European Regulators Group for Audiovisual Media Services (ERGA), established following a decision of the European
Commission on 3 February 2014, adopted under Article 30 of the Audiovisual Media Services (AVMS) Directive, aims to
enhance cooperation between audiovisual regulatory authorities within the European Union and facilitate joint initiatives.
The mandate of the Group, which brings together the heads of audiovisual regulatory authorities from the twenty-eight
member states of the European Union, is to advise the Commission on matters related to audiovisual media services
within its competence and to facilitate cooperation between the regulatory bodies of EU member states.
More specifically, ERGA will offer the Commission a coordinated and operational contribution in view of the evolution of the
European regulatory framework in the field of audiovisual media services, on key issues pertaining to audiovisual regulation, such as the convergence of media services in the digital era, the protection of different publics, freedom of expression
and pluralism and ensuring the independence of regulatory authorities. The Group will therefore give European regulators
an opportunity to meet on a regular basis, to exchange views on subjects of common interest and share experiences and
varied practices.
Olivier Schrameck, Chairman of the Conseil supérieur de l’audiovisuel, was unanimously elected on 4 March 2014 as the
first Chairman of ERGA. The Chairwoman and Chairman of the Netherlands and Poland were elected Vice-chairpersons.
This first term will expire at the end of 2015.
On the initiative of the presidency, the Group’s working programme for 2014 was adopted on 10 July. The independence of
regulatory authorities and the adaptation of the European legal framework governing audiovisual regulation are among
the items on the agenda. During this first year, the Group will examine, in respect of this framework, matters related to the
definition of the scope of material competence of regulatory authorities given the development of new digital services as
well as the protection of minors within the framework of convergence. The next meeting of the Group, to be held in
Brussels on 21 October 2014, will assess the progress made on these matters.
Links
http://www.csa.fr/Espace-Presse/Communiques-depresse/Olivier-Schrameck-elu-a-la-presidence-du-groupe-des-regulateurs-europeens-des-services-de-medias-audiovisuels-ERGA
http://www.csa.fr/Le-CSA/Europe-et-international/Les-reseaux-de-regulateurs/Le-reseau-de-l-Union-europeenne-l-ERGA
13
Publication of CSA’s annual report for 2013
On 14 April 2014, the CSA submitted its public report for the year 2013 to the highest State authorities. This document,
which serves as a tool for evaluating and monitoring the regulation of audiovisual communications, is accompanied by a
set of proposals to amend the national legal framework, aiming to bring the CSA’s scope of intervention and means of
action in line with the challenges arising from convergence and increased economic competition.
Link:
http://www.csa.fr/Espace-Presse/Communiques-de-presse/Le-Conseil-superieur-de-l-audiovisuel-publie-son-rapport-annuel-2013
Adoption of the law on the independence of public broadcasting
On 15 November 2013, the Parliament adopted the law amending the audiovisual legal framework. The main objective of
this reform was to ensure the independence of public broadcasting, whilst reinforcing the independence of CSA. Therefore,
the law of 15 November 2013, reinstates the regime in force before the reform of 2009, entrusting once again the Conseil
supérieur de l’audiovisuel (CSA) with the authority to nominate the chairpersons of the public broadcasting companies
(France Télévisions, Radio France and France Médias Monde). The law also amends the composition and mode of nomination of CSA members with the aim to reinforce its independence. The members of the board will gradually be reduced to
seven, three of whom will be appointed by the President of the National Assembly and three by the President of the
Senate. In each parliamentary assembly, the members will be appointed upon approval by the permanent committee on
cultural affairs with a majority of three fiﬅhs of votes. These nominations must respect the equal representation of men
and women. The Chairperson of the CSA will be appointed by the President of the Republic. With the exception of the
Chairperson, one third of the board will be renewed every two years.
The powers and mandate of the CSA have also been amended. On the one hand, the procedure relating to sanctions has
been modernised to ensure compliance with the impartiality requirements stipulated in the European Convention for the
Protection of Human Rights. By making a clear distinction between the authority in charge of initiating proceedings and
investigating the case and the authority responsible for deciding the sanction, the law entrusts a rapporteur, independent
of the CSA, with the task of initiating proceedings and investigating the case. The CSA maintains the authority to adopt the
formal notices and decide on the sanctions once the procedure followed by the rapporteur has been concluded.
On the other hand, following the review of the draﬅ law during parliamentary proceedings, the CSA is requested to take
economic balances in the audiovisual sector more into consideration in the exercise of its mission. It now has the possibility to postpone the launching of calls for applications and to approve changes in the mode of financing of Digital Terrestrial
Television channels. The conduct of impact studies is necessary to achieve this.
Finally, provisions aiming to modernise regulation in line with the digital era have also been adopted.
Links:
http://www.culturecommunication.gouv.fr/Disciplines-etsecteurs/Audiovisuel/Dossiers-thematiques/Les-modifications-legislatives-apportees-par-la-loi-du-15-novembre-2013
http://www.csa.fr/Espace-juridique/Deliberations-etrecommandations-du-CSA/Recommandations-et-deliberations-du-CSA-relatives-a-d-autres-sujets/Recommandation-n-2013-04-du-20-novembre-2013-relative-au-traitement-de
s-conflits-internationaux-des-guerres-civiles-et-des-actes-terroristes-par-les-services-de-communication-audiovisuelle
14
Update on regulation
Applications for switch to free DTT: The CSA has announced and published its reasoned decisions
The Conseil supérieur de l’audiovisuel received three applications from pay-DTT channels: LCI (TF1 group), Paris Première
(M6 group), Planète+ (Canal plus group) aiming to modify their means of funding, under Article 42-3 of the Law of 30
September 1986. The said Article, as amended by the Law of 15 November 2013, allows the CSA to authorise migration
from a pay to a free-to-air status and vice versa.
The Conseil reviewed each of the three applications based on an in-depth investigation, following a public hearing of the
applicants and third parties having requested such hearing, and upon having obtained the opinion of the Competition
Authority and carried out impact studies.
At its meeting of Tuesday, 29 July 2014, the Conseil decided by a majority of three votes, against a favourable outcome to
the applications.
The Conseil has studied the consequences of the applications, both on an individual basis and as a whole, and has considered their impact on competition and broadcasting. It has also assessed their economic repercussions on all audiovisual
players, concerning in particular the ability to share advertising resources.
More specifically, the Conseil took into consideration the following economic elements:
1. The advertising market is characterised by a marked decrease in advertising revenues from television services. The
Conseil has noted that, in the short term, no significant recovery of this market is expected whilst medium-term prospects
remain uncertain. It has estimated that the introduction of one or more additional free channels cannot, in the current
circumstances, be supported by corresponding growth in the advertising market.
2. The financial situation of several channels is still fragile, particularly among those not affiliated to a large group.
Moreover, the high-definition channels licensed in 2012 continue to grow and have not yet reached maturity and a financial
equilibrium.
3. Supply and demand in television consumption. The CSA considers that the introduction of one or more additional free
channels, in a landscape already comprising 25 channels covering a broad range, is not expected to result in a significant
increase in television consumption and would therefore entail phenomena such as the shiﬅing of audience at the expense
of already existing free channels. It has noted, in this respect, that the total duration of television consumption remains
stagnant, and a change in this trend is impossible to predict in the medium term.
Beyond these general considerations, the Conseil has analysed the foreseeable consequences of each of these applications. It has considered that, despite the interest they present and their quality, they would all tend to create difficulties
and imbalances, and therefore prejudice the preservation of the broadcasting diversity of channels currently broadcasting
under a free DTT status.
•
In respect of the application of LCI, the Conseil has noted that the introduction of a third free 24-hour news channel,
financed exclusively through advertising, could possibly destabilise the two already existing news channels, one of
which has only recently reached an equilibrium whilst the second is registering an operating deficit;
•
In respect of the application of Paris Première, the Conseil has estimated that it could possibly affect the economic
and financial viability of free TNT channels offering a similar format and addressing a similar audience;
•
With regard to Planète+, the Conseil has considered that the introduction of a second documentary channel appears
to be premature, since the channel launched in 2012 has not yet reached a financial equilibrium.
For all of the above reasons, the Conseil has considered that the necessary conditions to authorise the migration of the
applicants to a free platform are not satisfied. However, more favourable developments in the market conditions could
justify a future review. To this end, the Conseil will pay attention to the technical and financial conditions of distribution
that will be proposed to existing operators.
Link:
http://www.csa.fr/Espace-Presse/Communiques-de-presse/Demandes-de-passage-en-TNT-gratuite-le-CSA-rend-ses-decisions-et-publie-ses-decisions-motivees
15
Launching of Digital Terrestrial Radio
Following a call for applications, the Conseil supérieur de l’audiovisuel has issued licences for the launching of Digital Terrestrial Radio in three regions of importance in terms of audience: Paris, Marseille and Nice.
Currently, 62 radio channels broadcast their programmes on the DTR platform, nine of which do so in several areas. Some of
the radios are not available in FM or are not available in FM in the area where they broadcast in DTR. They have therefore
enriched the offer available in Hertzian waves.
The first broadcasts on DT were aired on 20 June 2014 in the regions of Marseille and Paris, under the licences issued by the
Conseil supérieur de l’audiovisuel on 15 January 2013 to selected radio broadcasters. Five multiplexes in the Paris region
transmit the signal of 37 radio stations, whilst three in the Marseille region transmit the signal of another 25 radio stations.
The introduction of new broadcasting equipment may lead to additional delays. More radio stations will begin to broadcast
in DTR in the coming weeks.
Almost all programmes which are currently broadcast in DTR comply with the new DAB+ standard. They can be immediately
heard through an adapted receiver.
In Autumn 2014, the Conseil will publish a report proposing orientations on the future of DTR. The work of the Conseil on DTR
is part of the broader framework of actions undertaken to encourage the development and modernisation of this medium.
Link:
http://www.csa.fr/Espace-Presse/Communiques-de-presse/RNT-leConseil-superieur-de-l-audiovisuel-dresse-un-premier-bilan-et-publiera-un-rapport-a-l-automne-2014
Studies and reports
Publication of three studies on female stereotypes
The Law on true gender equality of 4 August 2014 entrusts the Conseil with the task of overseeing the image of women in
audiovisual programmes, in particular with respect to combating sexist stereotypes.
The working group titled «Women’s Rights» set up in January 2013, headed by Sylvie Pierre-Brossolette, member of the
Conseil, has carried out an objective analysis of the stereotypes conveyed through specific genres: fiction, entertainment,
animation.
These three studies were adopted at the plenary meetings of the Board of the CSA on 25 June and 2 July 2014.
Links:
http://www.csa.fr/Etudes-et-publications/Les-etudes/Lesetudes-du-CSA/Etudes-sur-les-stereotypes-feminins-qui-peuvent-etre-vehicules-dans-les-series-de-fiction-les-emissions-de-divertissement-et-d-animation
http://www.csa.fr/Television/Le-suivi-des-programmes/Les-droits-des-femmes/Les-actions-deja-entreprises
16
2014 European Elections: According to the findings of the CSA, pluralism in the audiovisual media has been
respected by all stakeholders
At its plenary meeting of 28 May 2014, the Conseil supérieur de l’audiovisuel reviewed the speaking time dedicated to the
European Elections in radio and television programmes during the six-week period leading to the elections.
The Conseil has noted that television and radio channels have generally respected the principle of equality and enabled more
than thirty political parties and groups to express themselves.
It establishes that its repeated interventions have allowed to correct, to a large extent, previous imbalances in the allocation
of speaking time.
The Conseil notes with satisfaction that the national channels France 2 and France 3 have been generous in offering air time
to a variety of candidates during the election campaign. It further underlines that BFM TV, i>télé, LCI, France Inter and RMC
have dedicated significant coverage to the election campaign and to the expression of political parties and groups.
It regrets, however, the fact that TF1 and M6 have not considered it necessary to offer broad coverage to this election
campaign. It also notes the unequal treatment of the election campaign on the local networks of France 3 Régions, Outremer 1ère and France Bleu: whilst several regional public stations have offered generous time to opposing groups, in many
others coverage has been insufficient. The Conseil will soon publish its report on the coverage of the European Elections
campaign in the audiovisual media, including proposals aiming to guarantee even greater political pluralism.
Link:
http://www.csa.fr/Television/Le-suivi-des-programmes/Lepluralisme-politique-et-les-campagnes-electorales/Elections-europeennes-le-CSA-conclut-a-un-respect-global-du-pluralisme-dans-les-medias-audiovisuel
Launching of the Education & Media website
Within the framework of the continuous development of audiovisual media usage, the CSA has decided to pursue a new
initiative aimed at establishing closer links between the audiovisual sector and the public.
On the initiative of Mémona Hintermann-Afféjee, member of the Conseil and chairperson of the working group titled «Audiovisual Sector & Education», the Council has created a forum on its website under the name «Education and Media»,
addressed to the broad public.
The site aspires to contribute to media education, by making available practical, concrete and pedagogic tools for a better
understanding of the audiovisual landscape in its most diverse aspects (historical background, practices, professions,
descrambling, etc.)
Thanks to the precious collaboration of institutions and professionals specialising in information and communication, the
Conseil has been able to bring together a rich and varied content, reflecting the entire spectrum of expertise in the sector. In
this dynamic participatory process, users are invited to contribute with their questions, opinions and suggestions. The
content of the site will be completed and updated by the CSA and its partners. The «Media Education» section, which takes
into account educational challenges in audiovisual programmes, is to be developed notably through targeted actions.
The Education & Media site is accessible through the website of the Conseil.
Links:
http://www.csa.fr/Espace-Presse/Conferences-de-presse/Conference-de-presse-du-7-novembre-2013-a-l-occasion-du-lancement-du-site-Education-et-medias
http://www.csa.fr/content/download/40526/454552/file/EducationetMedias071113.pdf
17
Publication of the 2nd barometre on the perceptions of programme quality
In the context of its mission to control the quality and diversity of audiovisual programmes, the CSA published its second
annual barometre on the perceptions of programmes by the various publics, for the year 2013.
Generally, indicators follow a downward trend. Satisfaction for programme quality is decreasing, both for radio and television, despite a relevant stability in the motives behind it. Requirements for diversity and representativeness of the French
society continue to be more demanding when it comes to radio compared to television. The Conseil’s reputation is increasing.
More than half of the respondents state that they are aware of its main mission.
Taking into account the challenge posed by the new modes of consumption of audiovisual services, this 2nd barometre has
been enriched with new indicators, which reveal that 20% of respondents use video on demand services whilst only one out
of five says that the availability of content in HD has an influence on their choice of programme.
Link:
http://www.csa.fr/Espace-Presse/Communiques-de-presse/Barometre-de-perception-de-la-qualite-des-programmes
Report to the Government on the implementation of the Directive of On Demand Audiovisual Media Services
In December 2013, the CSA submitted to the Government its first report on the implementation of the decree relating to on
demand audiovisual media services.
The Conseil has noted, on the one part, the general respect of the obligations relating to financial matters and the exposure
of works by the majority of broadcasters, and on the other, the difficulties of the latter to apply the decree. The report also
sets out certain difficulties faced by the CSA in implementing the text, regarding in particular the identification of the services
concerned and the limits of their perimeter.
The report also proposes amendments to the legal framework aiming to meet two objectives: To simplify the legislation
relating to on demand audiovisual media services and to create an environment of competition, favourable to their development. On this last point, it proposes to establish a regime of voluntary agreements in favour of non European on demand
audiovisual media services, to complement the existing declarative regime for on demand audiovisual media services established in France. It also recommends adjustments to media chronology.
Finally, the report repeatedly discusses the issue of the perimetre and the designation of new audiovisual services. On the
occasion of the review of the Audiovisual Media Services Directive, it requests a clarification of its scope, so as to include
service distributors within the meaning of the French law, and make sure the wording is in line with the e-Commerce Directive.
18
Report on representation and diversity submitted to Parliament
In April 2014, the Conseil submitted to the Parliament its annual report on the representation and diversity of the French
society on television and radio. The document describes the actions taken by the channels in this direction and proposes
measures for further promoting diversity in all genres. It also presents the commitments undertaken by the channels for
2014 and the lines of action proposed by the CSA. The report bases its findings on the results of the 2012 barometre on diversity, which pointed to a worrying decrease in representation regarding the criterion of origin, as well as the continued
inadequate representation of handicapped and inactive individuals.
Faced with these challenges, the report provides a detailed description of the initiatives taken by the Conseil. With a view to
ensuring the successful outcome of this mission, changes have been introduced in the methodology used for the barometre
on diversity. The CSA has also reaffirmed its commitment to consultation, with an incentive policy addressed to audiovisual
service broadcasters. Noting the good will shown by the channels, the Conseil has draﬅed, for the first time, a Charter of
Commitments for broadcasters. The Observatory on diversity has also been renewed.
Finally, the Conseil reiterates its proposals to encourage a better understanding of the representation of diversity on radio.
Furthermore, through several recommendations addressed to the Parliament, the CSA aims to obtain the most appropriate
legal means for the exercise of its mission.
Links:
http://www.csa.fr/Espace-Presse/Communiques-de-presse/4e-rapport-sur-la-representation-de-la-diversite-de-la-societe-francaise-a-la-television-et-a-la-radio
http://www.csa.fr/content/download/50118/495673/file/RAPPORT%20DIVERSITE%20VERSION%20PUBLICATION.pdf
19
CONSELL DE L’AUDIOVISUAL DE CATALUNYA - CAC
20
Report of the Catalan Audiovisual Council to the MNRA
on recent activities and news of interest to all members
1. Catalonia
Update on Regulation from January to July 2014
Amendment of several laws regarding audiovisual matters and institutional advertising to foster transparency
and the sustainability of the communication sector.
The Parliament of Catalonia is currently working in a Draﬅ Act that amends several laws regarding audiovisual matters and
institutional advertising to foster transparency and the sustainability of the communication sector.
At present, the Catalan audiovisual communication framework is formed by the provisions contained in the Catalan Audiovisual Act (Law 22/2005, of 29th December), in the Law 2/2000 of 4th May, regulating the Catalonia Audiovisual Council (CAC),
in the Law 11/2007, of 11th October regulating the Catalan Broadcasting Corporation, and in the Law 18/2000, of 29th
December, which regulates institutional advertising. This regulatory framework is revised as a result of various reasons, “[…]
mainly related to transparency and sustainability of media, taking into account the demands of society and the derivatives
of the current economic situation […]”, is stated in the introductory text of the Draﬅ act.
In this sense, the modifications this Draﬅ act introduces in the four aforementioned laws are aimed to promote transparency,
independence, organization and rationalization of the structure of the public bodies holding broadcasting competences in
Catalonia (regulator and public service broadcaster). Also, some of these new provisions are intended to foster the Catalan
audiovisual media sector, as a result of the impact of the economic climate.
The Draﬅ act consists in twenty-five articles and is divided into four chapters (each chapter corresponding to each of the
laws that are modified), two transitional provisions, a derogatory and a final disposal. Thus, Chapter I of the Draﬅ act
contains amendments to the Catalan Broadcasting Act, among others, to update it to the basic rules contained in the Law
7/2010, of 31rst March.
Chapter II of the Draﬅ act incorporates the amendments to Law 2/2000 of 4 May, affecting the articles governing the statute
of the President and members of the CAC with the aim to establish the possibility to have full-time board members or part-time
board members. The Chapter III establishes the amendment of the provisions of Law 11/2007, of 11th October, referring to
the nature of the Catalan Broadcasting Corporation’s organization, its contracting and status of its board members.
Finally, Chapter IV introduces several changes to the Law 18/2000, of 29th December, updating the system of contracting to
fit in the current regulations on public sector contracts. The Draﬅ act also introduces changes to guiding principles.
The full version of the Draﬅ act, amending several laws regarding audiovisual matters and institutional advertising to foster transparency and the sustainability of the
communication sector is available (in Catalan) in the following link http://www.parlament.cat/activitat/bopc/10b272.pdf#page=32
Amendment of the Catalan Cinema Law.
The Catalan Parliament is also working in a Draﬅ act amending the Catalan Cinema Law (Law 20/2010, of 7th July). This Law
establishes the regulatory framework governing the film and audiovisual Catalan industry, regarding, among 2 others, the
production, the distribution, the marketing and the exhibition of cinematographic and audiovisual works.
The main object of this Act is to amend Article 18 of the Catalan Cinema Law to adapt it to the principle contained in the
Article 56 of the Treaty on the Functioning of the European Union. The Draﬅ act also amends Article 3d (updating the definition of "European work"), articles 50 and 51 (deletion of references to analog copies) and Articles 32.3 (dubbing and subtitling
in Catalan).
The full version of the amendment cinema draﬅ Act is available (in Catalan) in the following link http://www.parlament.cat/activitat/bopc/10b301.pdf#page=26
21
Amendments in the regulatory bases of the structural grants for commercial televsions.
On the 17th June, the Catalan Government passed the Order PRE/123/2013, establishing the regulatory bases to award
structural grants to commercial televisions and radios in Catalan and Aranese languages. The aim of the grants is to support
and consolidate the television and radio market that broadcast in both languages, to contribute to the Catalan communication space strengthen and to the enrichment of the Catalan and Aranese cultural patrimony.
This Order PRE/123/2013 has been amended by the Order PRE/125/2014, passed by the Catalan Government on the 15th
April 2014, and published in the Catalan Official Gazzette on the 22nd April. The amendments introduced by the Order
PRE/125/2014 are the inclusion of the fulfilment of the Journalistic Profession deontological Code in the annual declaration
regarding the fulfilments of the licence; the increase in one of the quantitative items to calculate the amount of funding; the
mention of the content funded; the inclusion of the e-administration in the granting procedure, and the consequences that
could occur in case of a revision of the structural grant resolution.
The full version of the Order PRE/123/2013 is available (in Catalan) in the following link: http://portaldogc.gencat.cat/utilsEADOP/PDF/6401/1305907.pdf
The full version of the Order PRE/125/2014 is available (in Catalan) in the following link: http://portaldogc.gencat.cat/utilsEADOP/PDF/6607/1350574.pdf
Update on the main activities carried out by the Catalan Audiovisual Council from January to July 2014
Report conducted by the CAC shows the reduction of gender stereotypes in the television toys’ advertisements.
The report 2/2014, of 24th January, analyzes the presence of gender stereotypes in the toy advertising campaign issued
between the 10th October 2013 and the 6th January 2014. The Catalan television services analyzed were TV3 and Super
3/33(both public service channels) and 8tv (commercial channel).
The report shows that there has been a decrease in the television toys advertisements regarding the gender stereotypes.
During the analyzed period, the 39,2 % of the ads contained gender stereotypes. This figure, although it is high, is the lowest
level of the presence of stereotypes series which data are available and which began in 2001.
The CAC examined a total of 166 forms of advertising. The 81,3% were found in the public service children’s thematic channel
Super3/33.
From a comparative perspective in relation to similar reports conducted by the CAC since 2001 shows that the highest peaks
of gender stereotypes were in the Christmas campaigns from 2004 to 2005 (50.4 % of total advertising forms ) and 20122013 (49.4 % of total advertising forms).
As for toys announced in the last campaign, dolls and accessories is the type that uses gender stereotypes and up 54.5 % of
the total detected stereotypes (an ad can represent more than a stereotype). Below are tracks and accessories, with 17.3 %
and marksmanship and skill sets and dolls, figurines and accessories, with 8.2% each.
Both gender stereotypes that are repeated in advertising toys are child only plays with other children and/or does not
interact with children on a level equal (male stereotype), with 22.7 % of the total stereotypes and girl plays with a doll
(female stereotype), with 21.8 % of all stereotypes. It should be noted that in the 2012-2013 campaign the two most
repeated stereotypes were female, while the male is the 2013-2014 one.
The full version of the CAC gender stereotypes in the advertising during the Christmas campaign 2013-2014 is available (in Catalan) on the CAC’s website
http://www.cac.cat/pfw_files/cma/actualitat/notespremsa/joguines_2014_cat.doc
22
New CAC Board Member
On March 4th 2014, Ms. Yvonne Griley took office as a CAC’s Commissioner, filling the vacancy leﬅ by Commissioner Orriols
who resigned his mandate due to retirement on the 31 December 2013. The Parliament of Catalunya passed her candidacy
on the 26th February 2014.
The full version of the Parliament of Catalunya agreement is available (in Catalan) in the following link http://www.parlament.cat/activitat/bopc/10b272.pdf (page 18)
The Health Department and the Catalan Audiovisual Council signs, on the 2nd April 2014, a collaboration agreement
to monitor the health related contents.
This agreement formalizes and establishes the institutional framework between the two public administrations by which the
Health Department of the Catalan Government is committed to provide advice to the CAC regarding health related contents
being broadcasted (i.e. products, activities or services with intended preventive or treatment healthy purpose; health
products and cosmetics; food supplements, functional foods; health related activities; or even health services matters
relating to eating disorders). The CAC agrees to submit to the Health Department information and analysis of the presence
in the audiovisual media of those matters related to health products.
The Health Department and the CAC will also elaborate recommendations regarding how the health matters are treated in
the audiovisual media, as well as related to patient safety and to the fight against the stigmatization of mental illnesses.
The full version of the collaboration agreement is available (in Catalan) in the following link http://www.cac.cat/pfw_files/cma/actualitat/notespremsa/conveni_salut_cat.pdf
The CAC launches the manual of style to the audiovisual media services on how to inform about the child maltreatment
The manual, launched on the 25th April 2014, has been elaborated by the Social Welfare and Family Department of the
Catalan Government, the Catalan Audiovisual Council and the Catalonia Journalists Association.
The aim of this publication is to provide the tools to the audiovisual media services and the media companies to act responsibly
when reporting about child maltreatment, taking into consideration the 12 recommendations given in this manual of style.
This style guide develops article 85 of Law 14/2010, regarding the rights and opportunities of childhood and adolescence,
and presents the coverage of the child maltreatment from two perspectives: the fulfillment of the rights stated in the United
Nations’ Convention on the Rights of the Child (1989) and the Pact for Children in Catalonia (2013) and the necessary awareness about the children vulnerability and the importance of good practices in the promotion of children's rights, which should
be seen as legal entity.
Pact for Children in Catalonia
http://www20.gencat.cat/docs/bsf/03Ambits%20tematics/07Infanciaiadolescencia/pacte_infancia%20_catalunya/Pacte_InfanciA_Catalunya_en.pdf
Manual of style to the audiovisual media services on how to inform about the child maltreatment
http://www20.gencat.cat/docs/bsf/03Ambits%20tematics/07Infanciaiadolescencia/pacte_infancia%20_catalunya/Pacte_InfanciA_Catalunya_en.pdf
The Catalonia Committee for Diversity in Audiovisual Media analyses the diversity in the fiction contents and in
the advertising
On the 16th May 2014, this Committee has organized the 6th Seminar, focused on the analysis of the diversity in the fiction
contents and in the advertising, with the aim to monitor if the Catalan television services show the different segments of the
Catalan society.
At the end of the seminar, the VI Awards for the Diversity in the Audiovisual have been awarded to the best television
programmes that promote the diversity in its contents.
23
The Catalonia Committee for Diversity in Audiovisual Media is a work group promoted by the CAC. It is comprised of members
from different organisations, associations and media who want multiculturalism and diversity to be more present in the
Catalan audiovisual media.
As an example of the reports the CAC conducts: Report on Diversity and Equality in the television services of 2012, issued in 2013
http://www.cac.cat/pfw_files/cma/actuacions/i58_2013_cat.pdf
The CAC and the Mobile World Capital Barcelona boost the new mobility audiovisual media services
The CAC and the Mobile World Foundation Capital Barcelona (MWCB) signed on the 26th May, a collaboration agreement
that aims to boost new media services mobility.
The agreement establishes the collaboration of both institutions in relation to three areas: analysis and understanding of
the sector; promotion of the stakeholders networking; and promotion of the safeguard measures to protect the rights of the
users, especially the children, in relation to the new mobile broadcasting services.
Report of the CAC on the treatment of gender violence in the news programmes
On the 17th June 2014, the CAC issued a Report on the treatment of gender violence in the news programmes of four of the
Catalan television services with a sample of a quarter of 2013, that has been compared to the results obtained in previous reports.
The most important novelty is that more than a third (the 35,7%) of the time dedicated to the informative coverage of the
gender violence were the social and awareness programmes to fight against this scourge and the news related to the
International Day for the Elimination of Violence against Women.
In comparison to previous reports, it can be noted that the news about awareness have experimented a notable and
sustained increase between 2007 and 2013, period in which the awareness news doubled the news time.
However this improvement, still the main theme of the news related to the gender violence is the accident and crime section,
including the news about aggressions, the court chronicle and the sexual exploitation. This group of news covers the 57,5%
of the total time.
Report on the treatment of gender violence in the news programmes http://www.cac.cat/pfw_files/cma/actuacions/Continguts/Acord_78_2014.pdf
XI CAC School Awards
On the 18th June 2014, the CAC awarded the annual CAC School Awards. Since 2003, the CAC organizes these school
awards which main purpose is to encourage students from the schools to develop the tools for critical reading of the audiovisual languages.
There are 2 categories: Category A, that includes the subcategories, Primary and secondary school students (from 3 to 18
years old); Infant second cycle and primary first cycle education; Primary education - Mid cycle and higher cycle; Secondary
obligatory education; and Secondary education. The Category B is for teachers.
In this year’s edition there has been a total of 78 projects submitted (58 for the Category A and 20 for the category B), coming
from 53 Schools. There has been an increasing of nearly the 30% of the projects regarding 2013.
Link to the winner projects per categories of the XI CAC School Awards
http://www.cac.cat/web/premis/escola/guanyadors.jsp?OTM%3D&MQ%3D%3D&MTI%3D&QUNDSU9OX0hJU1RPUklDTw%3D%3D
24
Agreement of collaboration between the Department of Education and the CAC
The agreement was signed on the 18th June 2014, the award day of the CAC School Awards.
The object of the agreement is to establish a collaboration framework between the CAC and the Department of Education
with the aim to set up a plan to introduce communication education in the Catalonian educative community, including the
launch of specific initiatives and the boost of the ones that are already being implemented by schools, by the Department of
Education and the CAC.
The plan is divided in 7 actions (attached in the graphic) with the aim to provide children and young people with the necessary
tools to adopt their own criteria and know how to look critically at audiovisual content.
Ad hoc meeting of the MNRA Working Group on Gender Stereotypes, June 26, 2014, Barcelona
Regulators of Andalusia (CAA), Catalonia (CAC), Spain (CNMC), France (CSA), Morocco (HACA) and Portugal (ERC) met in
Barcelona to present a proposal on gender stereotypes in advertising to the General Assembly of the Mediterranean
Network of Regulatory Authorities (MNRA), to be held next November in Nouakchott.
The delegations of the six audiovisual authorities met at the CAC premises, discussed the strategy to be followed and
measures to be taken to implement the recommendations comprised in the "Declaration of the RIRM for promoting gender
equality and combating gender stereotypes”.
In addition, besides the evaluation of the progress carried out in relation to the fulfillment of the aforementioned objectives,
the six delegations also focused in the meeting held in Barcelona about the proposal of mechanisms to establish a joint
database and on the necessary works to specify the analysis methodology of the stereotypes in advertising.
Declaration of the RIRM for promoting gender equality and combating gender stereotypes, adopted on the 23rd November 2012
http://www.cac.cat/pfw_files/cma/actualitat/notespremsa/Traducci_n_indicadores.pdf.
25
Partial renewal of the Catalan Audiovisual Council Board
On July 15th 2014, Ms. Yvonne Griley, Ms. Eva Parera and Mr. Salvador Alsius have taken office as Board members of the
Catalan Audiovisual Council (CAC). They have been elected by the Parliament of Catalonia in the session of 10th July 2014.
Ms. Griley renews her position as a CAC Board member held since March 4th 2014, covering the vacancy leﬅ by Commissioner
Orriols, who resigned his mandate due to retirement on the 31rst December 2013.
Ms. Eva Parera and Mr. Salvador Alsius fill the vacancies leﬅ by Commissioner Josep Pont, Vice-president of the CAC, and
Commissioner Elisenda Malaret, who have completed their respective six years term of office.
The full version of the Parliament of Catalunya agreement is available (in Catalan) in the following link http://portaldogc.gencat.cat/utilsEADOP/PDF/6664/1364172.pdf
Communication Forum of Catalonia
Every month, the Catalan Audiovisual Council, the independent body that regulates audiovisual communication in Catalonia,
holds a cycle of talks to reflect on and debate the present and future of the media industry.
The sessions consist of an informative breakfast including a talk by a guest speaker and then a colloquium.
The sessions take place at the Mobile World Centre in Barcelona and are aimed at companies from the media, film and
telecommunications industries, as well as media directors and representatives of institutions, associations and professional
colleges.
Here is the list of the speakers from January to June 2014.
- Ms. Isona Passola
Producer and President of the Catalan Film Academy. She gave the talk “Culture and the media in the immediate future”.
Video of the conference: https://www.youtube.com/watch?v=ih3ZFBQV19k&list=PLxy0Z04WoCRKpFBLH0-uqMhaOsY3QsFaf&index=5
- Mr. Antoni Bassas
Journalist, Editor of the Ara newspaper and former US correspondent. .He gave the talk “Journalism in the United States in
the era of Obama and social networks”.
Video of the conference: https://www.youtube.com/watch?v=dRv8y1FmybQ&list=PLxy0Z04WoCRKpFBLH0-uqMhaOsY3QsFaf&index=4
- Ms. Lorena Boix
Head of Unit for Converging Media and Content Unit, Directorate General for Communications Networks Content and
Technology (DG Connect) of the European Commission. She gave the talk “The future of television in Europe: growth, single
market and user rights”.
Video of the conference: https://www.youtube.com/watch?v=ZbJN37x55tw
- Mr. Jaume Roures
Chairman of the Mediapro Group. He gave the talk “Growth models in the media industry and sports rights”.
Video of the conference: https://www.youtube.com/watch?v=fs1y2hjV80A
- Mr. Kim Faura
CEO of Telefónica in Catalonia. He gave the talk “Digital disruption: mobiles and the media”.
Video of the conference: https://www.youtube.com/watch?v=Musx8tO0B6E&list=PLxy0Z04WoCRKpFBLH0-uqMhaOsY3QsFaf
26
2. Spain
Update on Regulation from January to July 2014
New General Telecommunications
Act on 29th April, the Spanish Parliament adopted the revised the new General Telecommunications Act which replaces the
Telecommunications Act 32/2003. The Act 9/2014, of 9th May, has been published in the Official Spanish Gazette on the 10th May.
This Act seeks to ensure compliance with the objectives of the Digital Agenda Europe, which requires, in the current state of
technological development and economic uncertainty, to ensure a clear and stable regulatory framework that encourages
investment, to provide legal certainty and remove barriers that have hindered the deployment of networks, and greater
competition in the market.
It also modifies the Audiovisual Communication Act (Act 7/2010, of 31rst March), giving more flexibility in the application of
article 5.2 on the transmission of European works; clarifying some aspects of the product placement regulation (article 17)
and also clarifying the restrictions applicable to the freedom of reception of audiovisual media services from other Member
States (article 38) similarly with the provisions of article 3 of the Audiovisual Media Services Directive (AVMSD). Finally, the
new provisions introduced by the Act 9/2014, of 9th May,establish a procedure to take appropriate measures to deal with
cases of broadcasters that provides a television broadcast to Spain but are established in another Member State to avoid
the Spanish jurisdiction (article 39).
The full version of the Act 9/2014, of 9th May, of telecommunications is available (in Spanish) in the following link http://www.boe.es/boe/dias/2014/05/10/pdfs/BOE-A-2014-4950.pdf
Amendment of the Intellectual Property rights regulation.
The Spanish Parliament is also working on the Draﬅ act amending the Intellectual Property rights Law (Royal Legislative
Decree 1/1996, of 12th April). The Draﬅ act updates some of the provisions according to the last European regulations.
The full version of the Intellectual Property rights draﬅ Act is available (in Spanish) in the following link
http://www.congreso.es/portal/page/portal/Congreso/Congreso/Iniciativas?_piref73_2148295_73_1335437_1335437.next_page=/wc/servidorCGI&CMD=VERLST&BASE=I
W10&FMT=INITXDSS.fmt&DOCS=1-1&DOCORDER=FIFO&OPDEF=ADJ&QUERY=%28121%2F000081*.NDOC.%29
Closed 9 DTT Channels
On 5 May 2014, nine Spanish TV channels were closed down aﬅer a ruling by the Supreme Court of Spain that considers the
awarding of 9 DTT channels didn’t fulfil with the legal framework, as they were granted without previous awarding process.
The channels affected include Xplora, Nitro and La Sexta 3, all owned by Atresmedia, while Mediaset España’s La Siete and
Nueve have also had their signals turned off. Veo TV and Net TV all also lost 2. Veo TV shut down AXN and 1 teleshopping
and Net TV closed down 2 teleshopping.
These 9 channels were granted to the television broadcasters already broadcasting in analogue. But the Supreme Court
emphasized in its decision of September 2012 that this agreement was contrary to the law and, therefore, these 9 channels
must stop from being broadcasted, and put them back to be object of a new awarding process.
The full version of the Supreme Court decision is available (in Spanish) in the following link
http://www.poderjudicial.es/search/doAction?action=contentpdf&databasematch=TS&reference=7014239&links=%22442/2010%22&optimize=20140407&publicinterface=true
Telefónica purchases Spanish pay TV platform
Telefónica and Prisa reached a sale agreement for the purchase of Prisa’s 56% stake in Distribuidora de Televisión Digital
(DTS), leading Spanish pay TV platform which operates under the brand Canal+. Telefonica will pay €750 million to Prisa. The
acquisition will raise Telefonica’s stake in the broadcaster to 78 percent. The remaining 22 percent is held by Mediaset. The
deal is pending regulatory approval by the Spanish and the European competent authorities.
27
CYPRUS RADIO TELEVISION AUTHORITY - CRTA
28
MEMORANDUM OF UNDERSTANDING
WITH PORTUGAL
In June 2014, the Executive Chairman of the Cyprus Radio Television Authority, Mr. Andreas Petrides,
under his official visit to the respective Portuguese Authority, Entidade Reguladora para a Comunicação
Social (ENC), signed a Memorandum of Understanding with his counterpart, Chairman of the Portuguese
Authority, Dr. Carlos Magno Castanheira.
The MoU aims to establish a close, effective and fruitful cooperation between the two authorities
and focuses, inter alia, on fostering common views, ideas and positions as well as on exchanging
information and expertise on technological matters and soﬅware systems and methodology.
29
PUBLICATION
OF MNRA PROJECT
A core target achieved by the CRTA as regards the Cyprus Presidency of the MNRA for the present year
was the publication in four languages- French, English, Arabic and Spanish- of the exceptionally valuable
Project jointly carried out by HACA of Morocco and CAA of Andalusia, entitled Towards the Implementation
of the ‘Declaration of the MNRA in favour of the promotion of gender equality and the fight against gender
stereotyping’. It is worth noting the courteous contribution of the Moroccan, the Andalusian and the French
Regulatory Authorities to the realization of this goal.
The importance of circulating the Project in four languages lies in the uncontested notion that audiovisual
media have an immense influence on the termination of an established, stereotyped and derogatory role
of women as well as on the repression of discriminatory attitudes and behaviours towards them.
30
CRTA CAMPAIGN
FOR THE PROTECTION OF MINORS
On another note, in July 2014, the CRTA launched an educational campaign addressed to the parents
of minors under which the principal objective was to somewhat redefine the concept of “family zone”
in the conscience of the parents. Namely, with a view to protecting their children, particularly during
the summer school holidays when the latter tend to watch TV until late, the CRTA produced a TV spot
where the team of participants was composed of children, a famous actor and a CRTA Officer, informing
the parents about the modified length of the “family zone” during the summer holidays.
The TV spot was broadcast daily- at least twice a day during prime time- by all TV channels in Cyprus
for a consecutive period of 3 weeks.
We were in fact pleased to receive considerable positive feedback not only from official governmental
institutions yet also from numerous parents themselves.
31
CRTA STUDY ON VIOLENCE AND CRIME
ON CYPRUS TELEVISION AND ON THE ROLE OF THE CRTA
The CRTA, thoroughly conscious of the power of the media, predominantly of television, to conform standards in society, on the one hand, and of its own capacity to
somehow monitor and even, to some extent, contribute to shaping this mold, on the
other, undertook to conduct a research on the broadcasting of violence on television
in Cyprus. Namely, the research project was entitled "Violence and Crime in the
Cypriot Television Landscape and the Role of the Cyprus Radio-Television Authority"
which was essentially designed and implemented by the Cyprus University of
Technology in cooperation with the Center for the Advancement of Research and
Development in Educational Technology (CARDET) for the Cyprus Radio-Television
Authority (CRTA).
The Study aimed at a descriptive analysis of the content of Cyprus television with respect to elements of violence,
non-violent crime, racism, fanaticism and natural disasters and accidents broadcast between September 2010 and June
2011.
The results expansively came out in February 2014 and were truly useful as regards the enhancement of the pertinent role
of the CRTA. For instance, it is exceptionally noteworthy that more than 70% of the respondents believe that CRTA must be
primarily concerned with educating journalists and the public, as well as with imposing sanctions, that it should publicize
punishments, encourage the public to report violent scenes broadcast during the family zone, oblige television channels to
show spots against violence, racism and fanaticism, and rank channels according to the violent content of their programmes,
while at the same time promote quality television content through institutional means such as quality awards.
32
PROTECTION OF COPYRIGHT
On the 20th June 2014, the CRTA co-organised in conjunction with, inter alia, the Cyprus News Agency and the
Union of Cyprus Journalists, a Workshop on the protection
of copyright. The CRTA, from its standpoint, discussed the
issue of the theﬅ of broadcasting of movies, series and
other television programmes, without formerly having
attained the requisite legal broadcasting rights. Moreover,
the CRTA highlighted the need to suppress the phenomenon of arbitrary exploitation of news material either
without obtaining any prior permission for this or without
making any reference to the source and creator of the
material, as required by ethics.
that, notwithstanding the adoption of this measure,
nevertheless the CRTA had already draﬅed a comprehensive legal framework which would effectively regulate the
issue of arbitrary and illegal exploitation of intellectual
property in electronic media.
Having addressed the aforedescribed issues, the Chairman
of the CRTA pointed out that the Authority had recently
introduced a provision in its legislation whereby all television organisations ought to acquire all the legal broadcasting rights for their programmes. He underlined the fact
33
MALTA BROADCASTING AUTHORITY - BAM
34
Malta Broadcasting Authority
Malta [MT]
Like other European States, Malta held its general elections for its Members of the European Parliament on 24th May 2014.
The Broadcasting Authority played an important role in these elections by regulating, monitoring, and maintaining balance
and impartiality in all political programs.
The Broadcasting Authority published a Directive on Programs and Advertisements that were to be broadcast from 11th
April to 24th March [http://www.ba-malta.org/file.aspx?f=1424] regulating, amongst others, the portrayal and undue
exposure of any political party or candidate; the addressing of complaints during election period; and the observance of the
electoral campaign silence period.
Political broadcasts, spots and political adverts were organised by the Broadcasting Authority and for the first time in such
broadcasts, the Authority organised a special program for which representatives of all the political parties and movements
(including independent candidates)debated their proposals for these elections. This was a major mile-stone for the representation of all political views on an equal level platform.
To increase accessibility, all political broadcasts were also simultaneously translated for viewers who are hard of hearing
during the actual broadcast and, also for the first time, these broadcasts were uploaded YouTube at the end of each broadcast.
Social Media
At the start of this year the Broadcasting Authority ventured on social media by having its very own accounts on Facebook,
Twitter, YouTube, and Pinterest through its website at [http://www.ba-malta.org/home]. As a regulatory authority we have
embraced social media as part of the Authority’s reach to viewers and stakeholders highlighting its role in the local media.
Social media offers the immediacy of networking with television viewers and radio listeners the latest news from the Broadcasting Authority.
The political content broadcast by the Broadcasting Authority on the public service broadcasting station TVM during last
year's General Elections, 2013 was uploaded on YouTube [http://www. youtube.com/user/TheBAMalta]. This prepared the
way for the uploading on time of all political broadcasts made by the Broadcasting Authority during the MEP's Elections in
May 2014.
The amount of hits generated on the website by users who wanted to access these political broadcasts confirms that this
venture undertaken by the Broadcasting Authority was indeed a success.
EBU R128 Audio-levelling Standard
During last year the Authority had commissioned a study on audio-levelling between programs, during program breaks for
advertisements, and between broadcasting stations. This was followed by an awareness seminar for television broadcasting stations, producers and broadcasters. From this seminar television broadcasting stations expressed the need for
standardization of broadcasts especially in view of the number of outsourced productions to individual production houses.
This had to be supported by proper training of audio and video editors for such a standard.
In view of this, the Authority organised two simultaneous training courses in February and another training course in April.
For these three courses over 60 audio and video editors were instructed on audio levelling and the various monitoring methods that are available to maintain the EBU R128 Standard. And following these three courses the Authority also made
arrangements for individual producers and small production houses to have in-house training at a much subsidised cost.
35
The data was set for 1st July 2014 on which broadcasting stations were to start their production testing for the R128
standard while the Authority started its own monitoring of programs for this standard. And as from 1st January 2015 all
television programs broadcast will have to abide to this standard.
The response received from all the stakeholders concerned was very encouraging as this standard facilitates productions by
independent production houses and advertisers over all television broadcasting stations. And, in view of the willingness
shown in the use of this standard by all stakeholders, the Authority is considering the application of this standard through a
self-regulatory regime rather than a legislative system as would be required by broadcasting legislation.
TVCMS – TV Capturing and Monitoring System
The Broadcasting Authority is in the process of finalizing its long-term strategic development target of digitizing all radio and
television broadcasts through an audio and visual capturing system that allows for multiple monitoring accesses through a
server. Following a series of design proposals to cater for adequate storage of captured broadcasting stations and for
multiple users accessing different programs as well as of the same program, a tender for the supply of this capturing system
was issued by the Broadcasting Authority and was awarded to a Cypriot supplier. It is expected that by the end of September
2014, the TVCM equipment would have been installed and tested.
And, following a bilateral agreement with the Hungarian Broadcasting Regulatory Authority, the Broadcasting Authority will
be hosting a group of technicians from Hungary who will be installing the required soﬅware of this system and conducting
the necessary training for the Authority’s staff.
36

MNRA NEWSLETTER

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