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UK gets TV ultimatum from EU
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UK gets ultimatum to implement Audiovisual and TV Media Services Directive in Gibraltar. The European Commission has requested the UK to implement outstanding provisions of the EU's Audiovisual Media Services (AVMS) Directive in Gibraltar.
The UK has notified the Commission of measures to implement the AVMS Directive into national law. However, this law does not cover audiovisual services provided in Gibraltar. A draft law is under preparation, but the adoption process is still underway.
The request is in the form of 'reasoned opinions' under EU infringement procedures. UK has two months to inform the Commission of the measures they have taken to comply with EU rules. If they fail to do so, the Commission could refer them to the EU's Court of Justice.
* BACKROUND BRIEFING
The AVMS Directive ensures a Single Market and legal certainty for Europe's TV and audiovisual industry by creating a level playing field for both broadcast and on-demand audiovisual media services across frontiers while preserving cultural diversity, protecting children and consumers, safeguarding media pluralism and combating racial and religious hatred.
The Directive is based on the "country of origin" principle, whereby audiovisual media service providers are subject to the regulations in their country of origin only and cannot be subject to regulation in the destination country except in very limited circumstances (e.g. incitement to hatred). EU Member States agreed to implement the AVMS Directive into their national law by 19 December 2009.
The absence of measures to implement the Directive fully in Gibraltar denies legal certainty to audiovisual service providers.
04-10-11
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