Critics Split Over “American” TV Rules

Michael Hedges - December 18, 2006

American television – its style and language – strikes Europe’s culture protectors with horror. Ads, ads more often, ads for fast food, ads for SUVs – the narrative bleeds together. Ads on television are in and of themselves corrupting in countries where ad spending is still highest in dead-wood media.

The European Parliament voted changes in the proposed Europe-wide Audiovisual Media Services Directive, meant to harmonize basic media regulation in 25 nations and bring those rules into the internet age.

Advertising on television would be slightly liberalized to allow ad breaks more often in entertainment programming. Product placement in film and TV, with on-air warnings, would be allowed unless individual countries opt out. Broadcasters must operate under rules of countries where they broadcast (country of origin) rather than where they target, less able to choose weaker rules. And, in language more than substance, visual media – on-air or on-line – would be treated – almost – the same.

Unions, Greens, Socialists, consumer groups and public broadcasters defended positions won in last Wednesday’s vote.

“Viewers will be warned of the use of product placement and its scope will be limited,” said the Socialist Group of the European Parliament (PSE). “We have strengthened measures against unscrupulous broadcasters who attempt to get round existing regulations by setting up in one member state and transmitting to another. New television services such as video-on-demand and broadcasting over the Internet and on mobile phones will be covered by the updated rules.”

The European Free Alliance (Greens – EFA) found little cheer except that “independent producers will gain greater rights, non-linear services will have to promote European content and media pluralism in Europe will be strengthened.”

The European umbrella organization of media and entertainment unions Euro-Mei welcomed the prospect of more rules “enlarging the scope of regulation” as digital, multiplatform media becomes the norm. General weakening of the country of origin principle, enshrined in other EC Directives, gives “the possibility to all Member States to adopt more detailed or stricter rules” 

Europe’s public broadcasters also welcomed steps toward regulating “non-linear” media services.

“The means of distribution does not matter,” said the statement of the powerful German public broadcaster Westdeutsche Rundfunk (WDR), ”rather the content, the editorial offering.“

And, of course, the public broadcasters are pleased that EuroParl continues to value media’s cultural contribution and imperative.

“The European Parliament emphasized generously that audiovisual media services do not expressly serve economic interests, but are cultural property,” said WDR.(see full statement - in German)

Though public broadcaster trade organization, the European Broadcasting Union (EBU), made no formal comment, chief Brussels lobbyist Jacques Briquemont told the International Herald Tribune (IHT) that public broadcasters support expanding regulation to mobile phones and the internet.

“Deplore” was the common scathe toward positions defeated. Advertising and product placement were the favorite targets, all pointing to “American-style” television.

“We deplore this real risk of a shift towards American-style television,” said the Socialists (PSE) “The Parliament has relaxed the rules on advertising.  From now on, films and fiction series can be interrupted for advertising every half hour instead of every 45 minutes at present. We have not yet brought the appetites of advertisers and economic lobbies under control.”

Euro-Mei “deplores that the Parliament voted to limit advertising breaks for films made for television…to once for each scheduled period of 30 minutes - and not, as the Commission had proposed, every 35 minutes, or the Culture Committee with 45 minutes. The Parliament by the smallest majority possible missed a chance to set a clear sign that television in Europe can be different balancing pure economic interests with quality of programming.”

“There will be no escaping the pervasive commercial incursion into private life,” warned the Greens/EFA. “This decision to introduce American-style advertising rules under an EU ethical label will lead to the greater commercialization of audiovisual media in the EU.”

The EuroParl vote – by no means the final vote – watered-down significantly the Directive’s original proposal to bring “non-linear” media services under the same rules, and quotas, as traditional “linear” television.  

In its statement following the vote, Euro-Mei said unions want “a stronger commitment from the EU with regard to the promotion of European productions and their distribution in the on-demand platforms with minimum EU rules measures as for example minimum quota for European production in video-on demand catalogues.”

Product placement – showing goodies on screen then compensating producers and broadcasters – is mostly banned in Europe, demonstrably in Germany, where public broadcasters have on more than one occasion been caught with their hands in the till. Germans even have a special term for product placement – schleichwerbung, an illicit “plug” – more than a little pejorative. The European Presidency shifts to Germany just in time for the next round of votes on the AVMS Directive.

Expressing a position not necessarily shared among all public broadcasters, and explaining the lack of comment from EBU, German public broadcaster WDR “regretted” that product placement was not completely prohibited. “The WDR broadcast council expects that product placement in Germany will be excluded by law.”

European Consumer Alliance BEUC found nothing it likes in the possible shift in EC media policy. “This is not the landscape that consumers want,” said its response to the vote.

“Would the Parliament ask turkeys to make a code of practice for celebrating Christmas?,” asked BECU Director Jim Murray, noting the holiday eating and TV watching season. “MEPs recognized the need to restrict advertising of foods high in fat sugar and salt to children but opted for an ineffective voluntary approach, which will not work.”

With all this bad karma generated among advertising critics supporters of commercial broadcasting and advertising were nearly speechless. Association of Commercial Television Europe (ACTE) general director Ross Biggam told the IHT “It’s good news.”

The German association of private broadcasters (VPRT) welcomed “entrance into urgently necessary liberalization of advertising regulations” even though private broadcasters expectations were not met. VPRT president Jürgen Doetz was disappointed that “trend-setting” rule restructuring remains five to ten years in the future.(see full statement - in German)

"Viewers will be the first to benefit from such a modernized regulatory framework,” said the up-beat Michel Grégoire, Secretary General of the European Association of Television and Radio Sales-houses (EGTA). “They will be able to enjoy creative television advertising again instead of today’s long-cluttered tunnels caused by an overly-detailed regulation. This qualitative improvement will safeguard broadcasters’ financial capacity to offer diversity programming accessible free of charge to European viewers."

Newspapers, sharing their opinion through the European Newspaper Publishers Association, remain pleased not to be included in any of the new rules.(see full statement)

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