09/12/2014 - The European Audiovisual Observatory publishes new IRIS Special report

"New Forms of Commercial Communications in a Converged Audiovisual Sector" is the result of a workshop organised by the European Audiovisual Observatory and its partners the Saarbrücken-based Institute of European Media Law (EMR) and Amsterdam’s Institute for Information Law (IViR). The workshop (and hence this publication) focused on these developments in the sphere of commercial communications from a regulatory point of view.

The report opens with a chapter by Conor Murray of the Association of Television and Radio Sales Houses (EGTA). Murray delivers a very useful overview of emerging advertising techniques and the resulting new funding models open to television broadcasters. He underlines the importance of second-screen applications watched on mobile devices during television viewing.

The Observatory’s Analyst, Christian Grece, then provides an introduction to the “ecosystem” of European online display advertising, or the competition in the advertising world for the “eyeballs” of customers watching content online. He underlines the importance of big data in mapping advertising as precisely as possible.

Mark Cole of the University of Luxembourg then walks us through the various different European legal texts which have a bearing on or regulate in some way this increasingly complex advertising landscape. His analysis of the various EU directives (AVMSD, e-commerce, data protection or e-privacy to name but a few) reveals that the legal framework for commercial communication in Europe is currently very fragmented.

Having described the new challenges raised for legislators by the new forms of commercial communication in his chapter, Ross Biggam of ACT argues in favour of future-orientated regulation (whether a revised AVMSD or a wider-reaching directive) based on principles such as editorial responsibility, the protection of minors or indeed ethical standards.

The final part of this report looks at whether or not the current legal framework is ready for an increasingly converged advertising market. Anne Deltour of the European Commission, Cornelia Kutterer of Microsoft and Malcolm Philips of the Committee of Advertising Practice also look at the possible role of both industry and self and co-regulatory initiatives.

A more than timely report given that the European Commission has announced a review of the AVMSD in 2015. Furthermore, Data Protection Regulation in Europe is still in a state of flux, as proposed regulation is still being discussed in Brussels and it seems clear that a solution will not be reached in 2015.

For more information and to order this new report, click here.