The Television Without Frontiers Directive

Abstract

The TWF Directive, the forerunner to the AVMS Directive, is the main regulatory instrument for the audiovisual sector in Europe (Council of the EU, 1989). It was adopted in 1989 as a single-market initiative to establish a legal framework for the cross-border transmission of television programs. The directive was punctually amended in 1997 (European Parliament and Council of the EU, 1997), and more radically overhauled in 2007 (European Parliament and Council of the EU, 2007). It followed the paradigm of the European Convention on Transfrontier Television (ECTT), but had an altogether different motivation (Council of Europe, 1989). While the ECTT was embedded in the cultural policy tradition of the Council of Europe and sought to encour-age the free flow of information, the TWF Directive was inspired by the EU’s free-market orientation. It harmonized key areas that were particularly likely to hinder the free movement of television broadcasts across borders: the pro-motion of European works and works by independent producers; advertising, sponsorship and teleshopping; the protection of minors and public order; the right of reply; and, in its 1997 amended version, events of major importance to society. The coordination of national broadcasting laws was partial in that it did not cover all areas, and minimum, in that member states were free to impose higher standards on their broadcasting industry if they so wished (European Court of Justice, 2007).