Notification Detail

"Høringsnotat - Forslag til endringer i lov om kringkasting og audiovisuelle betalingstjenester" ("Consultation paper - proposal of changes in the Norwegian Broadcasting Act")

Notification Number: 2019/9003/N (Norway)
Date received: 10/04/2019
End of Standstill: 11/07/2019

da de en fr
de en fr


Message 901

Communication from the Commission - TRIS/(2019) 01026
Procedure for the provision of information EC - EFTA

Notificación - Oznámení - Notifikation - Notifizierung - Teavitamine - Γνωστοποίηση - Notification - Notification - Notifica - Pieteikums - Pranešimas - Bejelentés - Notifika - Kennisgeving - Zawiadomienie - Notificação - Hlásenie-Obvestilo - Ilmoitus - Anmälan - Нотификация : 2019/9003/N - Notificare.

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201901026.EN)

1. Structured Information Line
MSG 901 IND 2019 9003 N EN 10-04-2019 N NOTIF


2. Member State
N


3. Department Responsible
Royal Ministry of Trade, Industry and Fisheries
Departement of Trade Policy
P.O. Box 8090, Dep
NO-0032 Oslo
Norway

Email: technicalregulations@bis.gsi.gov.uk


3. Originating Department
Royal Ministry of Culture
P.O. Box 8030, Dep.
NO-0030 Oslo
Norway


4. Notification Number
2019/9003/N - SERV30


5. Title
"Høringsnotat - Forslag til endringer i lov om kringkasting og audiovisuelle betalingstjenester"
("Consultation paper - proposal of changes in the Norwegian Broadcasting Act")


6. Products Concerned
Promotion of gambling services


7. Notification Under Another Act
-


8. Main Content
The main points of the proposal presented are:

The Norwegian Media Authority is given the authority to issue orders to prevent or impede illegal marketing of gambling services that are transmitted via television or on-demand audiovisual media services.

Such orders can be issued to anyone who owns or disposes a network transmitting audiovisual media services where illegal marketing of gambling services takes place. The proposal does not specify which measures must be put into effect in order to prevent or impede the gambling advertising in question. The network provider will have the discretion to decide which measures to implement in this regard, as long as the viewers are not exposed to the illegal gambling advertising. According to the public consultation paper, such measures may be technical, e.g. blacking or blurring out the advertisements.

The proposal is limited in scope, and provides the Norwegian Media Authority only with the authority to issue orders to prevent or impede access to the illegal marketing. Consequently, the proposal does not give the Norwegian Media Authority the authority to issue orders to prevent or impede access to audiovisual media services in its entirety.

The proposal does not oblige the Norwegian Media Authority to issue an order in all cases of illegal marketing of gambling services. The provision is formulated so that the Norwegian Media Authority "may" issue such orders if certain conditions are met. When assessing whether an order should be issued, the Norwegian Media Authority shall consider if this constitutes a proportional measure in the specific case. In the proportionality assessment, the Norwegian Media Authority may inter alia take into account the following aspects:
• How grave the breaches of the gaming legislation are.
• How difficult it will be to comply with an order.
• Whether freedom of expression and information considerations entail that orders should not be given.
• Whether the purpose of the measure in the individual case can be achieved with less intrusive means. In this context, consideration must be given to whether there are other and less intrusive means of responding to the illegal marketing.

Before an order according to the first paragraph is issued, the Norwegian Media Authority shall obtain an advisory statement from the Norwegian Gaming Authority. In the statement, the Norwegian Gaming Authority shall assess whether specified marketing transmitted in television or audiovisual on-demand services is in violation with the Norwegian gambling legalisation.


9. Brief Statement of Grounds
According to Norwegian national legislation, all kinds of games of chance to the public is prohibited without a licence granted under specific conditions in statutory law. According to Section 2 of the Gaming Act, gambling in connection with sports and other competitions, numbers games and gaming machines can only legally be offered to the public by the state owned company Norsk Tipping AS. Gambling companies not holding a licence are prohibited under the same act from advertising for their gambling services on all media platforms. The objective of these national measures is consumer protection. The national gambling legislation aims to ensure that gambling services are offered in safe and responsible forms, in order to minimise social problems related to gambling.

Despite the prohibition under national legislation, there is a substantial amount of gambling advertisements targeting Norway in television broadcasts coming from other EEA-countries.
The proposal aims to limit illegal marketing of unlicensed gambling services in audiovisual media services in Norway.

Article 3 (1) of the AVMSD states that Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual media services from other Member States for reasons which fall within the fields coordinated by the Directive. This does not prevent Member States from taking appropriate measures, if such measures apply to fields not coordinated by the AVMSD. In relation to gambling advertising, preamble 10 of the revised AMVSD (Directive (EU) 2018/1808) clarifies "that a Member State should be able to take certain measures to ensure respect for its consumer protection rules which do not fall in the fields coordinated by Directive 2010/13/EU. Measures taken by a Member State to enforce its national consumer protection regime, including in relation to gambling advertising, would need to be justified, proportionate to the objective pursued, and necessary as required under the Court's case-law. In any event, a receiving Member State must not take any measures which would prevent the re-transmission, in its territory, of television broadcasts coming from another Member State."

The proposed measures will only prevent the re-transmission of the marketing. The draft measure will not prevent the re-transmission of television broadcasts as such. Norway considers that the draft measure fulfils the criteria related to public interest and proportionality, and that the measure therefore constitutes a justified restriction on the freedom of establishment and the freedom to provide services of the EEA Agreement.


10. Reference Documents - Basic Texts
References of the Basic Texts: The Norwegian Broadcasting Act of 4th December 1992 nr. 127 ("Lov om kringkasting og
audiovisuelle bestillingstjenester")
(https://lovdata.no/dokument/NL/lov/1992-12-04-127)
Basic Texts have been forwarded within the framework of a previous notification: 2016/9014/N: 2013/9008/N


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Information on the impact assessment can be found on page 32 in our consultation paper sent to
Norwegian consultative bodies 15th of March 2019 here: https://www.regjeringen.no/2632499


16. TBT and SPS aspects
TBT aspect

No - The draft is not a technical regulation nor a conformity assessment

SPS aspect

No - The draft is not a sanitary or phytosanitary measure



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European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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