Notification Detail

Draft amendments to the Radio and Television Act (2010:696)

Notification Number: 2020/245/S (Sweden )
Date received: 23/04/2020
End of Standstill: 24/07/2020

Issue of comments by: Commission
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Message 002

Communication from the Commission - TRIS/(2020) 01442
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0245/S

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: 202001442.EN)

1. Structured Information Line
MSG 002 IND 2020 0245 S EN 23-04-2020 S NOTIF


2. Member State
S


3. Department Responsible
Kommerskollegium
Box 6803, 113 86 Stockholm
Sverige
Tel: 08-690 48 00
epost: 1535@kommers.se


3. Originating Department
Regeringskansliet, Kulturdepartementet
103 33 Stockholm, Sverige


4. Notification Number
2020/0245/S - SERV30


5. Title
Draft amendments to the Radio and Television Act (2010:696)


6. Products Concerned
Video-sharing platforms, on-demand radio, TV, on-demand TV


7. Notification Under Another Act
- Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities.


8. Main Content
- A provider of a video-sharing platform shall not be allowed to provide commercial advertisements for alcoholic beverages or non-beverage alcoholic preparations that accompany user-generated videos or television programmes (Chapter 7, § 3(2) of the Alcohol Act).
- A provider of a video-sharing platform shall not be allowed to provide product placement of alcoholic beverages, non-beverage alcoholic preparations or other products originating from companies whose main activity is to manufacture or sell alcoholic beverages (Chapter 9a, § 4(1) of the Radio and Television Act).
- A provider of a video-sharing platform shall not be allowed to provide sponsoring of user-generated videos or television programmes by anyone whose main activity is to manufacture or sell alcoholic beverages or non-beverage alcoholic preparations (Chapter 9a, § 5 of the Radio and Television Act).
- A provider of a video-sharing platform shall not be allowed to interrupt user-generated videos or television programmes with advertisements if these videos or programmes are mainly directed at children under the age of twelve. The provider shall also not be allowed to provide advertisements immediately before or after such videos or television programmes or part of such videos or programmes (Chapter 9a, § 7 of the Radio and Television Act).
- Advertising provided by a provider of a video-sharing platform that accompanies user-generated videos or television programmes shall not be allowed to be aimed at attracting the attention of children under the age of twelve (Chapter 9a, § 8 of the Radio and Television Act).
- A provider of a video-sharing platform shall not be allowed to provide product placement in user-generated videos or television programmes that are primarily aimed at children under the age of twelve (Chapter 9a, § 4 of the Radio and Television Act).
- A provider of a video-sharing platform shall take appropriate measures to ensure that the provisions on audiovisual commercial communications relating to alcohol and directed at children under the age of twelve are complied with when these messages are not provided by the provider themselves (Chapter 9a, § 11 of the Radio and Television Act).
- Product placement of non-beverage alcoholic preparations shall not be allowed in programmes in television broadcasts or in on-demand television (Chapter 6, § 2(7) of the Radio and Television Act).
- Anyone who provides on-demand radio that is financed with a public service fee in accordance with the Act (2018:1893) on the financing of radio and television in the service of the public, is to comply with the provisions of the Radio and Television Act regarding notification for registration (Chapter 2, § 2), general requirements (Chapter 14, § 1), undue commercial benefit (Chapter 14, § 2) and sponsorship (Chapter 15, §§ 8–10).


9. Brief Statement of Grounds
The currently proposed regulations concern certain amendments to the Radio and Television Act (2010:696) and the Alcohol Act (2010:1622).

Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities. The Directive allows Member States to stipulate that providers of audiovisual media services and video-sharing platforms under their jurisdiction are to comply with more detailed or stricter provisions in the areas coordinated by the Directive, provided that those provisions are in conformity with Union law.

Sweden intends to introduce stricter provisions than required under Directive 2010/13/EU as amended by Directive (EU) 2018/1808 for video-sharing platforms under Swedish jurisdiction with regard to audiovisual commercial communications relating to alcoholic beverages and audiovisual commercial communications aimed at children under the age of twelve.

Sweden also intends to introduce rules for video-sharing platforms under Swedish jurisdiction with regard to audiovisual commercial communications concerning non-beverage alcoholic preparations under the Alcohol Act (2010:1622). In addition, Sweden intends to introduce a ban on product placement of such preparations in television programmes. The provisions of this part fall outside the areas coordinated under Directive 2010/13/EU as amended by Directive (EU) 2018/1808.

Finally, Sweden intends to introduce rules for on-demand radio which is financed with public service fees in accordance with the Act (2018:1893) on the financing of radio and television in the service of the public.

The stricter rules on audiovisual commercial communications (advertising, product placement and sponsorship) proposed to be introduced for providers of video-sharing platforms are motivated by the fact that there is no reason to have lower consumer protection for a video-sharing platform service than what is applicable to audiovisual media services. Even considering the perspective of advertisers and the media market, it is important from a competition point of view that the provisions do not differ depending on where the content is provided and where the audience partakes of it.

The reason for the proposal that providers are not to be allowed to provide advertising in user-generated videos and television programmes aimed at children under the age of twelve is further motivated by a desire to protect children from undue influence, since younger children have difficulty distinguishing advertising from other programmes. An additional motive is that children do not always understand either that the intention of an advertisement is to encourage purchasing. In 2010, stricter rules regarding advertising aimed at children under the age of twelve in on-demand television were notified in accordance with Directive 98/34/EC (TRIS No 2010/146/S).

The provisions on the intended introduction of audiovisual commercial communications relating to alcohol are justified on health grounds. The ban on advertising, product placement and sponsorship of alcoholic beverages in on-demand television was notified to the Commission in 2010 in accordance with Directive 98/34/EC (TRIS No 2010/146/S). The ban on advertising and sponsorship on television of non-beverage alcoholic preparations was notified in 2018 in accordance with Directive (EU) 2015/1535 (TRIS Nos 2018/620/S and 2018/621/S). The overall objective of Swedish alcohol policy is to promote public health by reducing the detrimental medical and social effects of alcohol. One of the most important tools for achieving the objectives of the alcohol policy is a restrictive regulation of the marketing of alcohol. Restrictive regulation of alcohol marketing primarily protects children and young people from exposure to this type of marketing. This applies to the marketing of alcoholic beverages as well as non-beverage alcoholic preparations. The ban on product placement of non-beverage alcoholic preparations in television programmes that is to be introduced corresponds to the regulation that since 2010 has applied to product placement of alcoholic beverages on television.

The purpose of allowing public service on-demand radio to be covered by the Radio and Television Act is that the basic provisions of the Act are to apply regardless of whether public service radio is provided in the form of on-demand radio or through radio broadcasts.


10. Reference Documents - Basic Texts
The basic texts were forwarded with an earlier notification: 2018/621/S: 2010/146/S


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Yes


16. TBT and SPS aspects
TBT aspect

No - the project has no significant impact on international trade.

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.

**********
European Commission

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

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