AVMSD - General Principles - Stricter rules
Stricter
rules (Article 4)
Member States are free to apply more detailed or stricter rules in the fields coordinated by the AVMSD to media service providers under their jurisdiction, provided those rules are consistent with the general principles of European Union law.
As an example, in order to promote a policy in favour of specific language, Member States are able to lay down more detailed or stricter rules on the basis of language criteria, as long as these rules are in conformity with European Union law and in particular are not applicable to the retransmission of broadcasts originating in other Member States.
With a view to ensure that the interests of television viewers are fully and properly protected, Member States are also free to maintain or set more detailed or stricter rules with respect to television advertising and in certain circumstances to lay down different conditions for television broadcasters under their jurisdiction.
Article 4
1.Member States shall remain free to require media service providers under their
jurisdiction to comply with more detailed or stricter rules in the fields
coordinated by this Directive provided that such rules are in compliance with
Union law.
2. In cases where a Member State:
(a) has exercised its freedom under paragraph 1 to adopt more detailed or
stricter rules of general public interest; and
(b) assesses that a broadcaster under the jurisdiction of another Member State
provides a television broadcast which is wholly or mostly directed towards its
territory, it may contact the Member State having jurisdiction with a view to
achieving a mutually satisfactory solution to any problems posed. On receipt of
a substantiated request by the first Member State, the Member State having
jurisdiction shall request the broadcaster to comply with the rules of general
public interest in question. The Member State having jurisdiction shall inform
the first Member State of the results obtained following this request within two
months. Either Member State may invite the contact committee established under
Article 29 to examine the case.
3.The first Member State may adopt appropriate measures against the broadcaster
concerned where it assesses that:
(a) the results achieved through the application of paragraph 2 are not
satisfactory; and
(b) the broadcaster in question has established itself in the Member State
having jurisdiction in order to circumvent the stricter rules, in the fields
coordinated by this Directive, which would be applicable to it if it were
established in the first Member State.
Such measures shall be objectively necessary, applied in a non-discriminatory
manner and proportionate to the objectives which they pursue.
4. A Member State may take measures pursuant to paragraph 3 only if the
following conditions are met:
(a) it has notified the Commission and the Member State in which the broadcaster
is established of its intention to take such measures while substantiating the
grounds on which it bases its assessment; and
(b) the Commission has decided that the measures are compatible with Union law,
and in particular that assessments made by the Member State taking those
measures under paragraphs 2 and 3 are correctly founded.
5. The Commission shall decide within three months following the notification
provided for in point (a) of paragraph 4. If the Commission decides that the
measures are incompatible with Union law, the Member State in question shall
refrain from taking the proposed measures.
6. Member States shall, by appropriate means, ensure, within the framework of
their legislation, that media service providers under their jurisdiction
effectively comply with the provisions of this Directive.
7. Member States shall encourage co-regulation and/or self-regulatory regimes at
national level in the fields coordinated by this Directive to the extent
permitted by their legal systems. These regimes shall be such that they are
broadly accepted by the main stakeholders in the Member States concerned and
provide for effective enforcement.
8. Directive 2000/31/EC shall apply unless otherwise provided for in this
Directive. In the event of a conflict between a provision of Directive
2000/31/EC and a provision of this Directive, the provisions of this Directive
shall prevail, unless otherwise provided for in this Directive.