Advertising frequency and the Television without Frontiers Directive

Abstract:

The Television without Frontiers Directive contains a number of provisions relating to the regulation of advertising. One of these, Art.11, deals with the permitted frequency of advertising. Despite, or perhaps because of, a detailed set of rules identifying different types of programming and audience to which different considerations regarding the appropriate balance between commercial and editorial content apply, this one provision has given rise to a number of references on its proper interpretation. This article reviews the scope of Art.11 in the light of relevant case law and broadcasting practice. It is the authors' contention that the current system is flawed as there has been insufficient consideration of the basic definitions on which the rules are based and on the interrelationship of the rules themselves. The weaknesses in the current system become more apparent when we seek to apply the rules in a new broadcasting environment which introduces split screen broadcasting and virtual advertising.

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