EACA Monthly Newsletter March - April 2004
March - April 2004Audio-visual Policy
State Aid in Audiovisual Sector extended until 2007
At a hearing in Parliament on 16 March, MEPs heard experts' views on the future shape of Europe's audiovisual policy in the age of digital TV and the Internet. The hearing gave the Commission the opportunity to announce the extension of the State aid regime to the audiovisual sector until 30 June 2007. The period, however, is likely to serve as a further delay for a more profound overhaul as digital convergence and increased concentration shape the media sector. The culture committee raised the concern that reinforcing competitiveness should not be the sole aim of the future EU audiovisual policy as the Commission conducts an impact study on the existing aid schemes during the three-year delay. The fragmentation of audiovisual policies and audiences across Europe were highlighted as the main factor preventing a European audiovisual market from taking shape. MEPs also discussed the Commission's roadmap for revising the Television Without Frontiers directive.
http://www.euractiv.com/cgi-bin/cgint.exe/607715-349?204&OIDN=1507380&-home=sea
Information Society
On-line services: EU ratifies Council of Europe Convention on notifying new national rules
The European Commission welcomed the signature and the conclusion on 22nd March by the Irish Presidency, establishing an international mechanism for the prior notification of national rules on online services, so that regulations adopted in one country do not affect services in others without consultation. The Convention's aim is to enhance the transparency and coherence of national rules on information society services as far as possible, since these services are by definition often provided across borders.
http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/3
Intellectual Property
Parliament adopts Intellectual Property Directive Amid Protests
The Intellectual property directive was approved by Parliament amid protests that it is impinging on consumers' rights. Member States will decide whether or not to criminalise infringers.
The compromise struck between the three institutions notably includes a provision that excludes any criminal sanction against infringers. It will be up to Member States to decide whether they want to impose criminal sanctions or not. However, Commissioner Bolkestein declared after the vote that the Commission would propose EU measures on criminal sanctions for IP rights violations "in due course".
The compromise also makes enforcement measures applicable only to breaches made on a commercial scale with the view to making a profit, which in principle excludes final consumers acting "in good faith". The Commission indicates that a definitive official adoption of the directive is likely to take place in April. Once adopted, the Member States will have two years to implement it.
http://www.euractiv.com/cgi-bin/cgint.exe/1?204&OIDN=1507336&-tt
Nutrition and Health Claims
European Parliament postpones the Draf Report until the next Parliament
The Environmental Committee of the European Parliament met on Monday afternoon to discuss proposed amendments to DG SANCO's Nutritional & Health Claims Directive and voted to postpone the draft report of Mauro Nobilia until the next Parliament.
Renate Sommer MEP lead the views that it would not be appropriate to vote at the current time. Mr. Nobilia agreed, noting that there were too many amendments, and that it would be impossible to find a compromise at this time. During the Committee meeting, Geoffrey Podger (Executive Director of the European Food Safety Authority ) was questioned by MEPs about EFSA's readiness to be able to deal with claim approvals. He stated that EFSA was not ready and that, even if it were to take this role, it would need 6 months to focus on each claim approval.
Television without Frontiers
Ireland tries to re-open regulatory Debate on Transfrontier TV
At a meeting in Ireland, EU Ministers were presented with a report by the European Audiovisual Observatory which re-opened the debate on regulating transfrontier TV. The Commission was opposed to the idea.
The report came from the European Audiovisual Observatory and concluded that the question of which Member State has jurisdiction over which broadcaster becomes highly relevant in the current context of growth in the broadcasting sector. Moreover, the report goes on, new technologies such as online broadcasting over the Internet will make the issue all the more pressing in the near future. The presidency is currently trying to push for a revision of broadcasting rules that would tackle this issue. In Ireland's view, it is the target country that should be responsible for regulation, not the country in which the station is emitting as is the case under the current rules
http://www.euractiv.com/cgi-bin/cgint.exe/1?204&OIDN=1507318&-tt
Unfair Commercial Practices
Council Working Group on Unfair Commercial Practices
A two day meeting of the Council Working Group took place on 30 - 31 March 2004. The meeting discussed a new compromise text from the Irish Presidency which sought to take on board many of the issues raised by member states. Key issues remain the internal market clause, the relationship with existing EU Directives, the 'average consumer' test. Further working groups are due to take place 19th and 29th April.
The Presidency reaffirmed its desire to reach political agreement in the Directive at the May Competitiveness Council. Member States welcomed the text as a further important step in the right direction but a number of delegations said that their administrations had yet to come to a firm position on the Directive.
EACA and Members News
EACA Announces EURO EFFIES® Call for Entries
EACA launched in early March the official Call for Entries for the EURO EFFIES 2004, the pan-European advertising effectiveness awards for campaigns which have achieved proven success in 2 or more European markets. Closing date for entries is 3pm (15h00) on Friday 30 April, 2004.
The EACA EURO EFFIES 2004 are open to all European markets and agencies (whether members of EACA or not) for campaigns which ran between 1 January 2003 and 31 December 2003.
The Euro Effies programme supports and promotes the role of advertising as an effective and efficient use of marketing resources. For more information please see:euro-effie.com
120 top companies attended EACA Communicating CSR Debate
Over 120 companies including IBM, British Airways, Unilever, BT and BSkyB attended the successful EACA ?Communicating CSR? debate on Monday 29th March. The debate was at the London Living Room in City Hall and examined the key question: ?Is Corporate Social Responsibility a valid communications platform for business, or is it just greenwash??
France - AACC elects new President
Following the Administration Council of March 9th 2004, Hervé Brossard was unanimously elected for the next 2 year mandate, as the new President of AACC following Mercedes Erra, President of BETC EURO RSCG.
Germany - GWA launches the German EFFIEs 2004
Starting on the 10th of March, German Agencies could start registering online to participate in the 2004 GWA EFFIE. There is a ten week period to complete the entry forms. The closing date is the 17 May 2004. For more information please contact: Sabine Kunert sabine.kunert@gwa.de.
http://www.gwa.de/Teilnahmebedingungen_Allg.1190.0.html
Germany - GWA Spring Monitor 2004: The trend is upwards, but question marks remain
Improving business results and positive advertising spending signals from lead sectors, such as banking, pharmaceuticals, retail and mail order, are the key findings of the annual survey of national business trends in the commercial communications sector produced by GWA. For more information please see:http://www.eaca.be
http://www.gwa.de
Romania - Silver and Bronze at the first Romanian EFFIE Awards edition
Saatchi & Saatchi Romania is one of the winning agencies of the first edition of the Romanian EFFIE AWARDS held on Friday, 26 of March, at the Grand Ballroom of the Grand Marriott Hotel in Bucharest. Saatchi & Saatchi has won a Silver Effie for the Primola Campaign launch, Client: Supreme Chocolat within the category and a Bronze for the NACPA's "An Institution Is Not A Home" in the Social Campaigns category. This award comes as a confirmation for this social campaign as in 2003 it reached the finals at the Euro-EFFIE in Brussels, Belgium.
UK - IPA elects new members
At its council meeting (Tuesday 16th March 2004), the IPA elected six companies into membership. New members include full service and brand development agencies. This brings the total IPA membership to 223.
http://www.ipa.org.uk
Advertising to Children
Brazil - Anti-Obesity Decree restricts Food, Drink and Tobacco Advertising in Public Areas in Rio
On 1 March, the mayor of the province of Rio de Janeiro, Cesar Maia, adopted a decree that restricts food, beverage and tobacco advertising on public municipal land. In particular, the decree will prohibit:
All outdoor advertising of food products, alcoholic beverages, soft drinks and tobacco in public municipal locations less than 200 metres away from schools, kindergartens, hospitals and any building housing public health and social services.
All indoor advertising of such products in buildings located less than 100 metres away from the above public buildings.
The decree fixes a term of 75 days for advertisers to implement the provisions above.
The new measure follows a ban imposed by Maia in 2002 on the sale of soft drinks and fast foods in Rio?s municipal schools. The decree was strongly criticised by the Brazilian Association of Advertising Agencies (ABAP).
more on this issue : www.aeforum.org
http://www.abap.com.br
Finland - Consumers´ Ombudsman develops new Guidelines on Advertising to Children
The Finnish Consumers´ Ombudsman is preparing a set of guidelines on the issue of advertising to children. An open consultation, seeking for input from all interested parties has recently been concluded. Now, all the gathered submissions are being assessed and the final version of guidelines will be published late spring or in the summer of 2004.
The guidelines are not binding. They constitute an interpretation aid for the Finnish Market Court in deciding on cases related to advertising. The guidelines are themselves shaped on the practice of advertisers and courts and are supposed to reflect the society's views on the issue. The obligation of stronger protection of children by monitoring the state of affairs and accordingly, issuing guidelines is included in the Marketing law of Finland.
http://www.aeforum.org
France - Parliamentary Committee approves Restrictions on TV Food Advertising
The Culture, Social and Family Affairs Committee of the French Assemblée Nationale (Chamber of Deputies) voted in favour of the amendments to the draft Public Health bill introduced by the Senate in January and regarding restrictions to TV food advertising to children.
The Committee met on 3 March to discuss the amended text of the Public Health bill and approved without modifications Art. 14A and Art 14B, dealing respectively with 'TV advertising of food products' and 'Labelling of industrially manufactured food products'. The two amendments require respectively that:
All TV food advertising within programmes targeting children must be accompanied by a health warning on the principles of dietary education - diversity, moderation - as agreed by the National Institute of Health Education and Prevention.
Labels on all manufactured food products must display the number of calories, the amount of saturated and unsaturated fats and the salt content of each food portion. The conditions required for the information to be labelled on the products will be decided by decree.
The Ministry of Health has expressed its negative opinion on the two amendments, but has called on the advertising industry to strengthen its self-regulatory discipline. Further to Ministry's demand, the Strategic Committee of the National Health and Nutrition Programme (PNNS) has formed a Working Group on Food Advertising and Children, which the French advertising association (UDA), the French advertising self-regulation organisation (BVP), the French Association of Food Industries (ANIA), the Association of Communications Agencies (AACC), as well as scientists and Ministry officials
Ireland - Green Party and RTE support toughening of Children´s Advertising Code
The Irish Green Party has welcomed proposals by RTÉ (Irish Public Service Broadcasting Organisation) to restrict provisions on advertising to children in the code drawn up by the Broadcasting Commission of Ireland (BCI).
The spokesperson for the Green Party, revealed that in its submission to the BCI, RTÉ has suggested the new code could ?allow for the requirement to state the sugar or salt content, to suggest balanced diets, and to restrict the number of advertisements of certain foods.? The submission states, however, that such measures would have to apply equally to all broadcasters, including UK-based companies targeting ads specifically at the Irish market.
The Green Party is now calling on the food and advertising industry to co-operate with RTÉ and to ask independent health experts to decide what kinds of advertising restrictions should apply.
http://www.greenparty.ie/PressArt.asp?id=1501
Italy - Italian Radio/TV Bill with Prohibition of Use of under 14s in Adverts gets Closer to definitive Approval
On 24 March, the Italian Chamber of Deputies approved the amendments to the draft/TV Bill, in compliance with the President of the Republic's request for re-examination of seven articles relating to media pluralism and advertising time limits, on the grounds of their breach of the constitutional principle of pluralism of information.
The bill will now move to the Senate Committee of Communications for its scrutiny and then to the Senate Plenary for final approval. If the Senate votes the same text approved by the Chamber of Deputies, the bill will become law and enter into force. The date of the vote in the Senate has not been announced yet, but the Majority is putting pressure to have the bill approved by mid-April at the latest, so that it would finally enter into force by the end of April.
http://www.aeforum.org
Spain - Survey on Future Audiovisual Council identifies Protection of Minors and Advertising as Top Priorities
A survey entitled '¿Queréis un buen Consejo?' (Do you want some good advice?), commissioned by the Public Society on Industrial Participations (SEPI) and conducted the Spanish Television Academy, has interviewed more than 100 media experts and questioned about the possibility of setting up the National Audiovisual Council in the new legislature. The majority of the respondents also considered that:
The Council should exercise its powers on both public and private TV channels
The members of the Council should be representatives from the Spanish Television Academy, the media professionals' trade associations, the audiovisual industry, the users and consumers' association.
The respondents of the survey were university academics, members of users' associations, producers' associations and media professionals' trade associations.
UK - Initiative of 106 Organisations calls for Ban on ?Junk Food? Advertising
Sustain, the UK consumer advocacy group, published recently a report calling for a ban on ’junk food‘; advertising. The report lists 106 organisations that already support Sustain´s campaign for restricting advertising to children. Copies of the report have been sent to the Prime Minister Tony Blair, Health Ministers John Reid and Melanie Johnson, Chair of the Food Standards Agency John Krebs and Tessa Jowell, Secretary of State for Culture, Media and Sport.
The report entitled: ”Why legislation is urgently required to protect children from unhealthy food advertising and promotions“ analyses the nature, extent and influence of food promotion on children and makes some recommendations. Sustain´s report concludes that voluntary approaches do not work and calls for regulation that would ”end commercial activities which promote these foods specifically to children“..
http://www.sustainweb.org/pdf/02_03_04.pdf; http://news.bbc.co.uk/1/hi/health/3
US - Commercial Alert launches Campaign for Global Ban on ?Junk Food? marketing to Children
The US consumer advocacy pressure group ’Commercial Alert‘ launched a campaign aiming at worldwide prohibition of ’junk food‘ marketing to children below 12 years of age.
Commercial Alert has prepared a statement asking the WHO to include the proposed ban into its Global Strategy on Diet, Physical Activity and Health.
http://www.commercialalert.org/
UK - War declared on junk food advertising
In a move to tackle obesity and children's diets, a tough action plan was just agreed by the UK's Food Standards Agency which demands clear labelling of salt, fat and sugar content and restraints on marketing of snacks to children. The plan includes new labelling to signpost the fat, salt and sugar content in foods. From next March, the FSA will test foods marketed to children and name those not meeting guidelines. There was disappointment that the FSA had not made a clearer call for curbs on advertising junk food to children.
http://media.guardian.co.uk/advertising/story/0,7492,1167605,00.html
Self Regulation
Canada - Advertising SRO integrates Food Advertising Rules in Code on Radio/TV Advertising to Children
The Canadian advertising self-regulatory organisation (SRO) 'Normes canadiennes de la publicité' (NCP) published an interpretative guide to include food advertising to children within the scope of Art 11 of the Canadian Self-regulatory Code on Radio/TV Advertising to Children, which applies to all Canadian regions except for Quebèc. Article 11 of the NCP Code refers to 'Social values' and states:
Advertising directed at children must not support or show values conflicting with morals, ethics or legislation accepted by contemporary Canadian Society.
All advertising directed at children must not lead to believe that having or using a product makes the owner superior to his peers or that without that product the child will be ridiculed or bullied. However, this prohibition does not apply to truthful claims about the educational or health benefits of a product or service.
The interpretative guide on Article 11, aimed at extending the application of this article to food advertising to children. NCP' s statutory mission is to guarantee the effectiveness and feasibility of self-regulation in advertising. NCP' s members include broadcasters, advertising agencies and advertisers.
http://www.adstandards.com/fr/index.asp
