European Media Law

Front Cover
Kluwer Law International, 2008 - Law - 1379 pages
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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:

and• the Television without Frontiers Directive;

and• the Audiovisual Media Services Directive;

and• directives on advertising, on copyright, on e-commerce, and on electronic communications;

and• relevant primary law such as Article 49and–55 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

and• 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.

 

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Contents

General Introduction
3
Table of Contents Para
6
THE PERIOD
15
TOWARDS A EUROPEAN MEDIA
21
THE REGULATION OF COMMERCIAL COMMUNICATION
26
ECHR Freedom of Expression
35
et seq EC Freedom to Provide Services
85
Table of Contents Para
90
Article 18a Teleshopping Windows
663
Article 19a SelfPromotion Channels
681
Protection of Minors
699
Article 22a Incitement to Hatred
721
Article 23a Contact Committee
759
Articles 2427 Final Provisions
779
Definitions
799
Country of Origin PrincipleJurisdiction
847

B DETAILED COMMENTARY 20
96
OUTLOOK 89
122
EC Cartels
123
EC Abuse of a Dominant Position
151
EC Merger Regulation
179
EC Undertakings with Exclusive or Special Rights
199
EC Culture
245
Definitions
267
Television without Frontiers Directive TWFD
273
Country of Origin PrincipleJurisdiction
337
Article 2a Freedom of Reception and Retransmission Principle
359
Article 3a Major Events
407
Quota for European Works
429
Quota for Independent Productions
457
Definition of European Works
471
Nonnationwide Broadcasts
485
Insertion of Advertising and Teleshopping
513
Standards for Advertising and Teleshopping
541
Tobacco Products
557
Medicinal Products and Treatments
573
Maja Cappello
591
Sponsorship
619
Duration of Advertising and Teleshopping
641
Stricter RulesMeasures against AbuseCompliance
857
Article 3a Identification of Providers
867
Article 3b Incitement to Hatred
873
Article 3d Media Windows
887
Article 3f Sponsorship
900
Article 3g Product Placement
907
Article 3h Protection of Minors
919
Quota for European Works
935
Insertion of Advertising and Teleshopping
953
Article 18a Teleshopping Windows
969
Protection of Minors
983
Article 23a Contact Committee
991
Articles 2426 Final Provisions
1001
Bernt HugenholtzJenny Kirchherr
1009
Commercial Communications Unfair Commercial
1049
Directive 200131EC eCommerce Directive eCD
1081
Nico van Eijk
1115
Natali Helberger
1129
Directives 200221EC Framework Directive
1151
Nico van Eijk
1165
List of Participating Institutes Editors and Authors
1345
Index
1353
Copyright

Common terms and phrases

Bibliographic information