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s2 {text-decoration: underline ; font-kerning: none}Audiovisual commercial communications (ACC) are defined as “images with or without sound which are designed to promote directly or indirectly, the goods, services or images of a natural or legal entity pursuing an economic activity. Such images accompany or are included in a programme in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communication include, inter alia, television advertisement, sponsorship, teleshopping and product placement.”As ACC can be used in malicious ways, article 9§1 of the AVMS directive imposes rigid conditions that ACC need to fulfil in order to be broadcasted. ACC shall not, for instance, use subliminal techniques, nor prejudice respect for human dignity or promote discrimination.One of the key requirements in article 9§1 (a) is that ACC have to “readily recognisable as such”, meaning that the audience must be fully aware that a ACC is being shown at that exact time. Hidden or concealed ads are thus, prohibited.
While the Commission has not amended the original provision in its proposal, the European Parliament felt the need to strengthen the independency of ACC with the programme that is being broadcasted. In its amendments, the Parliament added the requirement that ACC shall be distinguishable from editorial content. Contrary to the Parliament, the Council went back to the original wording of article 9§1 (a) of the directive, leaving the provision unchanged.If the wording of the Parliament goes through, ACC will have to be distinguishable from editorial content, consequently having a greater burden on media service providers.
These will have to restructure the way they broadcast the programmes and ACC. As for now, only television advertising and teleshopping need to be differentiated from editorial content. These stricter obligations for television advertising and teleshopping are self-explanatory, as the audience and viewership is far larger than with other ACC.II) PUBLIC HEALTH:According to recital 88 of the AVMS directive, the European Union felt necessary to prohibit direct and indirect ACC that promote cigarettes and other tobacco products. This fundamental prohibition is anchored in article 9§1 (d) of the directive.If a revised AVMS directive is adopted, the potential changes relating to the promotion of tobacco products are more than negligible.
The Parliament complemented the original provision by adding electronic cigarettes to the list of tobacco products that are prohibited to be shown in any kind of ACC. The Council went one step further and included all tobacco products and refill containers covered by Article 20 of the Tobacco Products Directive.These marginal modifications by the Parliament and by the Council have been purely constructed for legal transparency and legal certainty reasons. Also, the addition of those products reflect the will of the EU to be up-to-date with the latest trends in the tobacco industry. If one of the two positions is adopted, one will be easily able to identify what products are prohibited to be promoted in any kind of ACC. III) PROTECTION OF MINORS:Advertising to children or minors can be a problematic issue, particularly in the last decade when it was pointed out as one of the major factor contributing to child obesity.
IV) SELF- AND CO-REGULATION:V) SPONSORSHIP:The definition of sponsorship can be found in article 1§1 (k) of the current AVMS directive. Sponsorship is defined by the contribution of a natural or legal entity pursuing an economic activity with the view to promote their name, trade name, trade mark, image, activities or products. The purpose of sponsorship is not to promote the sponsor’s good directly, but to show the financial support that the sponsor offered to allow the creation of a programme. In exchange for its financial contribution, the name, trade mark or image of the sponsor is shown to the audience and Contrary to product placement, sponsorship is not incorporated in the programme itself.
