How Member States Ensure the Legal, Financial, Technical and Other Appropriate Conditions Required to Enable Public Service Media to Discharge Their Remit

COUNCIL CONSEIL OF EUROPE DE L’EUROPE

How member states ensure the legal, financial, technical and other appropriate conditions required to enable public service media to discharge their remit

Compilation of good practices

Group of Specialists on Public Service Media in the Information Society (MC-S-PSM)

H/Inf (2009) 7

How member states ensure the legal, financial, technical and other appropriate conditions required to enable public service media to discharge their remit

Compilation of good practices

Report prepared by the Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Directorate General of Human Rights and Legal Affairs Council of Europe Strasbourg, June 2009 Édition française : La manière dont les États membres garantissent les conditions juridiques, financières, techniques et autres nécessaires pour permettre aux médias de service public de remplir leur mission

Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 Strasbourg Cedex http://www.coe.int/

Executive summary ...... 5

Introduction ...... 5 Mandate and work of the group . . . . 5 The recommendation ...... 6 The public service remit in the Content and structure of the information society – challenges report ...... 6 and opportunities ...... 7

The public service remit in the information society: legal definition ...... 7 General situation concerning the Case studies ...... 9 remit in the member states ...... 7

The public service remit in the information society: financial aspects ...... 15 General ...... 15 Determination of the financial Challenges and opportunities . . . . 20 Models of funding ...... 16 needs and uses of the financing . . .19 Audit and accounting ...... 21

Analysis of technical conditions for the fulfilment of the public service media mission, drawing on the replies received from member states ...... 21 Introduction ...... 21 Digitisation of terrestrial The technical conditions to Universality of access ...... 22 television broadcasting ...... 26 enable “must carry” on The technical quality Summary of some digitisation distribution platforms such as responsibility ...... 23 strategies for terrestrial television cable networks ...... 26 Keeping pace with developments .23 broadcasting ...... 26 The digital switchover and technology development cycles . .25

Transparency and accountability of public service media organisations ...... 27 The recommendation ...... 27 Transparency and accountability General situation in the member of PSM – challenges and states ...... 27 opportunities ...... 27

The public service remit in the information society: implementation in practice ...... 32 Introduction ...... 32 Overview of the implementation of the remit in practice ...... 32

Good practice examples ...... 35 RTVE’s multimedia offer, Spain . . . .35 Télévision Suisse Romande’s ZDF Mediathek ...... 39 NRK-P2’s language programme, multimedia offering ...... 36 ORF, Austria ...... 40 Norway ...... 35 La Chaîne Parlementaire et Multimedia Meets Radio Project . . 40 Public Sénat, France ...... 37 Eurosonic ...... 42

Conclusions ...... 42

Appendix 1. Recommendation Rec (2007) 3 ...... 43 Recommendation Rec (2007) 3 of Guiding principles concerning the Committee of Ministers to the remit of public service member states on the remit of media in the information society . .45 public service media in the information society ...... 43

Appendix 2. Questionnaire on the appropriate conditions required for public service media to fulfil their remit, April 2007 ...... 47 Appendix 3. Questionnaire on transparency and accountability of public service media, March 2008 ...... 48

Additional sources mentioned in the report ...... 49 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Executive summary

The Council of Europe has addressed Concerning financial conditions, the following main topics: (a) the legal the sensitive issue regarding the need member states have to guarantee that definition of the public service remit in to ensure legal, financial, technical and public service media receive necessary the member states, taking into other appropriate conditions required financial means to carry out their account the recommendation as well to enable public service media to dis- remit. The independence of the PSM as the evolution of the media sector charge their remit in Recommendation requires financial independence, and the technological conditions; (b) Rec (2007) 3 of the Committee of Min- which includes a guarantee of conti- the financial conditions of PSM; (c) the isters to member states on the remit of nuity of service, adaptation to the new technical conditions of PSM; and (d) public service media in the informa- needs of society and to the new media the practical implementation of the tion society. The recommendation environment, as well as the capacity to remit, especially regarding new media maps out the main challenges and op- plan activities in the long term. Conse- and new communication instruments. portunities of re-designing the remit quently, specific attention should be Finally, given the need for enhanced in order to adapt it to the new techno- drawn to the risk of under-compensa- legitimacy for PSM in the new media logical and socio-cultural contexts. tion as well as over-compensation. environment and competition law Today one should be aware that the As to the technical conditions, PSM will pressures, the report is examining an audience of traditional broadcasting is need a number of technical elements additional element regarding trans- shrinking and that audiences, notably to fulfil their mission such as HDTV or parency and accountability of PSM. young people, tend to use more and mobile TV. To ensure the lowest costs Member states and PSM themselves more new media and interactive serv- and maximum choice for viewers and still mostly adhere to traditional mech- ices. To face this crucial challenge, PSM listeners, member states should adopt anisms to ensure transparency and ac- should benefit from adequate condi- common technology standards across countability of PSM, most importantly tions. Europe for digital TV and radio. Most the use of governing structures to achieve this goals. Regular reporting Regarding legal conditions, the PSM states take very little part today in by PSM and regular controls by exter- remit should be extended to signifi- standardisation studies, which are con- nal regulators are as well on the in- cant new platforms in order to enable sequently fragmenting, and this is not crease. This can also be traced back to PSM to reach its audience and there- in Europe’s interests. the need for enhanced legitimacy for fore to fulfil its tasks on them as well In order to ensure a structured and PSM in the new media environment and avoiding a situation where PSM complete picture of the current situa- and to competition law pressures. remain stuck in traditional broadcast- tion in member states and to provide a ing while their audience is moving representative number of good prac- away. tice examples, this report focuses on

Introduction

Mandate and work of the group tion on the remit of Public Service group’s request, that the group should The terms of reference of the Group of Media in the Information Society (see deal with the issue of the transparency Specialists on public service media in Appendix 1 to this report page 43). of Public Service Media within the the information society (MC-S-PSM) The responses to this questionnaire – framework of its report on the legal, fi- include the task of gathering informa- handed in by 23 member states – (see nancial, technical and other appropri- tion on how member states ensure the Appendix 2 to this report, page 47) ate conditions. In order to gather the legal, financial, technical and other ap- and an executive summary prepared necessary information, a separate propriate conditions required to by a Council of Europe consultant questionnaire was devised by the enable public service media to dis- formed the basis of a discussion at the group (Appendix 3 to this report, charge their remit in the information second meeting of the Group in 2007, page 48) and several answers from society in the light of relevant Council where the basic structure of the report member states were received. was debated and decided. In order to of Europe standards and prepare a The first draft of the present report – gather more substantial information, compendium of best practices with a prepared by an ad-hoc working group the Council then commissioned a view to its broad dissemination (cf. consisting of Austria, Germany, Swit- further expert enquiry into the sub- item 15 of the Kyiv Action Plan). zerland and the European Broadcast- ject, undertaken by Ms Evelyne In order to establish the report, the ing Union with the support of the Lentzen. group, in its first meeting of 2007, de- Secretariat – was presented and dis- veloped a questionnaire based on the At the CDMC meeting in November cussed at the group’s first meeting of main elements of the Recommenda- 2007, it was decided, at the PSM 2008. A revised and expanded draft

5 Appropriate conditions required to enable public service media to discharge their remit

was prepared for the group’s second the practical implementation of In particular, member states were meeting of 2008. Its substance draws the remit, especially regarding new urged to set “a clear remit for public mainly from the member states’ re- media and new communication instru- service media, and [to enable] them to sponses to the group’s questionnaires ments; use new technical means to better as well as executive summaries thereof fulfil this remit and adapt to rapid the financial conditions of Public prepared specifically for the group and changes in the current media and Service Media; Ms Lentzen’s report. In addition, technological landscape, and to various additional information and the technical conditions of Public changes in the viewing and listening background has been drawn from pre- Service Media. patterns and expectations of the audi- vious reports such as the Council’s The structure of the report reflects ence.” report “Public service media in the in- these topical priorities: it is divided They should therefore “include […] formation society” (prepared by Chris- into four parts, each dealing with one provisions in their legislation/regula- tian S. Nissen, H/Inf (2006) 3) and the of the issues mentioned. A further part tions specific to the remit of public European Audiovisual Observatory’s addresses the additional issue of the service media, covering in particular IRIS special report “The Public Service transparency of Public Service Media, the new communication services […]”, Broadcasting Culture”. reflecting the modified group thus enabling “public service media to mandate as a result of the CDMC’s de- respond fully and effectively to the liberations at its November 2007 meet- Content and structure of the challenges of the information society” ing. The report ends with a small report as well as ensuring “that universal number of general conclusions. access to public service media is Committee of Ministers’ Recommen- offered to all individuals and social dation CM/Rec (2007) 3 to member The recommendation groups […] through a range of techno- states on the remit of public service logical means”, while “respecting the Recommendation CM/Rec (2007) 3 to media in the information society is the public/private dual structure of the member states on the remit of public most recent and complete Council of European electronic media landscape service media in the information Europe standard-setting document on and paying attention to market and society introduces the concept of the matters dealt with in the present competition questions.” Public Service Media as an evolution report. While the report should not be from the better-known concept of Among the more detailed elements of understood as an implementation Public Service Broadcasting, noting the recommendation, it might be report of the Recommendation – that pointed out that the “remit should be seeing that it was only adopted at the performed with the use of state-of- beginning of 2007 and so too little the public service remit is all the more relevant the-art technology appropriate for the time has passed to allow for an objec- in the information society and that it can be dis- purpose.” The main elements of what tive appraisal of implementation or charged by public service organisations via constitutes the public service media even for genuine efforts by the diverse platforms and an offer of various serv- (PSM) has not changed and encom- Member States to implement it – the ices, resulting in the emergence of public passes, as has been spelt out in Resolu- topics covered by the Recommenda- service media, which, for the purpose of this tion No. 1 on The Future of Public tion are much reflected in the group’s recommendation, does not include print media. Service Broadcasting, adopted at the mandate and formed the basis of the In accordance with the group’s terms 4th European Ministerial Conference questionnaire sent out to member of reference, the concept of Public on Mass Media Policy (Prague, 7-8 De- states. They therefore also lay out the Service Media also underlies the cember 1994): ground for the present report. How- present report. ever, in order to ensure a structured a reference point for all members and complete picture of the current The Committee of Ministers of the of the public, offering universal access; situation in member states and to Council of Europe recommended to provide a representative number of the member states a variety of meas- a factor for social cohesion and in- good practice examples, as well as to ures to adapt the remit of public tegration of all individuals, groups and take account of the great range of service media to the necessities and communities; constraints of the information society issues addressed by the recommenda- a source of impartial and inde- and thus to enable them to keep and tion, the group has initially decided to pendent information and comment, strengthen, in a very dynamic and focus on four main topics, namely: and of innovatory and varied content challenging media and technological which complies with high ethical and the legal definition of the public environment, their important role as quality standards; service remit in the member states, an important part of the media land- taking into account the recommenda- scape and the possibility to continue a forum for pluralistic public dis- tion as well as the evolution of the to fulfil their public-interest tasks as cussion and a means of promoting media sector and the technological defined, among others, in several broader democratic participation of conditions; Council of Europe documents. individuals;

6 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

an active contributor to audiovis- meaning that competition issues have the past provided by the limited ual creation and production and become much more relevant. number of analogue frequencies, gen- greater appreciation and dissemina- erally leading to mixed- or generalist tion of the diversity of national and On the first account, member states radio and TV channels – as well as the European cultural heritage. need to be aware, when defining their increasing overlap of traditionally dif- PSMs’ remit that the audience of tradi- ferent media (e.g. TV and written tional broadcasting is shrinking and The public service remit in the press) when acting in new markets aging and that new and younger audi- information society – challenges foster fears of distortion of competi- ence groups tend to use new elec- and opportunities tion by publicly funded PSM. These tronic kinds of media, such as the fears are addressed, especially at EU- The recommendation maps out the internet and increasingly sophisticated level, by the application of competi- main challenges and opportunities of mobile services going beyond the tra- tion rules, leading both to a more de- re-designing the remit in order to ditional telephony/messaging mode. tailed remit than in the past, new conform to the necessities of the infor- At the same time, media consumption restrictions on activities and additional mation society. The main goals of PSM is fragmenting and it will in future be procedural guarantees such as public have not changed from traditional no longer possible to reach all or even values tests, as well as to an increasing public service broadcasting, but the a large part of the audience via a single commitment to the traditional values technological evolution and the multi- offer such as in the past via TV and of public service media. While address- plication both of technical media plat- radio. Considering one of the core PSM ing legitimate competition issues and forms and of new kinds of media in a missions highlighted in the Recom- possibly providing for increased legiti- functional sense (user-generated con- mendation, namely being a reference macy of PSM themselves, these rules tent, blogs, pods and the like) mean point for all members of society and also carry the risk of restricting the that the role of PSM has to be accom- fostering social cohesion and integra- scope of PSM activities excessively, plished in a very different environment tion, this makes PSM’s tasks arguably thus endangering their continuing rel- from the past. Also, the variety of com- more difficult. evance in the new media environ- mercial operators that are or seek to ment. be active in these different markets is On the second account, the lack of a very much larger than the traditional “natural” restraint of PSM activity in commercial TV and radio operators, the digital age – this restraint was in

The public service remit in the information society: legal definition

General situation concerning the and procedural safeguard (such as the fied where the public service media remit in the member states BBC’s Public Value Test) to ensure that remit is defined in a two- or multiple- PSB/PSM can take advantage of the step way, with a general remit gener- As a general rule, the responses re- new technological possibilities to fulfil ally defined by the Legislator and more ceived by the Council of Europe from their mission as entrusted on them by precise regulations defined or agreed member states as well as other sources the legislator and at the same time upon at another level – by the Legisla- (especially the IRIS special report “The avoid an uncontrolled expansion of tor again, by the administration, by Public Service Broadcasting Culture”) public service activity to areas where agreement between the state and the show that member states are increas- no public service interest is at stake PSM organisation through a contract ingly taking into account the need of and where viable commercial opera- or using self- and co-regulatory instru- public service broadcasters to provide tions might be endangered (thus, in ments (the PSM organisation estab- their public service offer on new media accordance with the Recommenda- lishing implementation documents to platforms when defining the remit. tion, making it clear that a viable dual the remit). However, the exact definition of the system of public service and private A very limited number of responses remit varies widely and ranges from a media is in the public’s best interest). point to the development of new very general permission of PSB to use public service media actors and initia- new media when implementing their No doubt related to the need to define tives involving a more local level and remit – often only seen as a comple- the public service remit more precisely especially local communities. ment to traditional broadcasting – in order to limit adverse effect on duties – to detailed, often two-step private competitors and partially due As regards the actual scope of the definitions of the remit addressing dif- to EC State Aid rules as enforced by the remits, the responses to the question- ferent platforms in different ways and European Commission – several exam- naire from the member states have generally providing various material ples of member states can be identi- brought the following answers.

7 Appropriate conditions required to enable public service media to discharge their remit

Currently an important number of number of media users with a diversity opportunities to interact. The law also PSBs are allowed or obliged to offer of high quality programmes which outlines how operations should be dif- online or other new communication attract and meet the interests of the ferentiated between the public service services as part of their remit. This is media users: information, culture, edu- television and radio broadcasting and the case for Austria where online cational and entertainment sectors. other public service operations for ac- offers must be related to broadcasting counting purposes. Croatian laws also provide reasonable activities, with the exception of its flexibility for the development of new In the Dutch case, the law currently sport channel dedicated primarily to communication services enabling new gives the PSBs the right to carry out less-attractive sports (here online in- services in both traditional broadcast- two types of activities that must be ap- formation can only relate to the ing and the new media landscape. The proved by the regulator: one involves channel itself). In Denmark , the Spanish public service broadcasters “side tasks” such as maintaining a overall public service activities shall are classified in terms of their cover- website with specialised programs or provide, via television, radio and Inter- age, into state-owned (RTVE), regional providing a thematic radio channel, all net or similar, a wide selection of pro- and local (public city council televi- within the scope of the public broad- grammes and services comprising sions). The national PSB is legislated casting mission; the other involves news coverage, general information, under a law from 2006, including pro- “sideline activities” such as making a education, art and entertainment. visions intended to facilitate the avail- magazine about programs, selling Public service content (text, sound and ability of instruments which would DVDs or hiring out facilities such as images) must meet the cultural, social permit the development and adjust- cameras or studio space. Sideline ac- and democratic needs in the Danish ment of this broadcaster to the new tivities need to meet certain criteria: society, on all relevant technological technological environment, such as they cannot have a disadvantageous platforms. the development of Digital Terrestrial effect on the performance of the core In Portugal , although without specific Television and new interactive serv- mission; they need to be connected references to new communication ices. When the regional regulations with the main tasks of the broadcast- services, the present public service about PSB have been approved, they ers; they must not lead to unfair com- concession contract obliges the public will also provide for the development petition in relation to other parties service concessionaire to introduce of new communication services. offering the same or comparable technological innovations resulting goods or services A new media law is from specific commitments, recom- In Sweden, in order to develop and being developed, however, which mendations or decisions of interna- strengthen their broadcasts, the com- states that: tional organisations of which the panies are allowed and encouraged to “to keep up with and to stimulate technological public service concessionaire is a carry on complementary activities, developments, and to provide their services via member, and which improve the effi- such as services on the Internet. The new media and new distribution techniques is ciency and quality of the public service licence fee funding shall finance specifically the task of the public broadcasting rendered. In the Czech Republic the broadcasting services as well as the service in the Netherlands”. PSBs (radio and TV) are obliged to fulfil new services designed to complement the prescribed public service tasks by these. In the United Kingdom , the Hence such services will become ob- developing and providing innovative BBC has the power to introduce new ligatory. services without the need for Govern- services and by making use of techno- In some member states, a public broad- ment approval (although the Govern- logical progress. The newly amended casting system is currently just being es- ment can impose a procedural veto if laws on Czech Television and the tablished or planned , so that it is the correct processes have not been Czech Radio has expanded the remit probably too early to discuss the followed). The BBC Trust has the regu- from traditional television or radio process of transformation into public latory responsibility of ensuring that channels, to include provisions for service media. In the Ukraine meas- new services promote the public pur- digital channels which can be accom- ures concerning the creation of a poses of the BBC. panied by additional services and mul- public service broadcasting system are timedia content to be provided within The Finnish YLE is responsible for the being carried out. The Parliament the common public service media provision of comprehensive television Committee for the freedom of expres- multiplex. and radio programming with the sion and information and the National In Belgium (Flanders) the VRT closely related additional and extra services Commission for promotion of freedom follows technological developments, for all citizens under equal conditions. of speech and development of the in- so that when necessary, it can also These and other content services formation sector have signed a Decla- offer its programmes to viewers and related to public service may be pro- ration of co-operation with a view of listeners via new media. The VRT man- vided in all communications networks introducing public service broadcast- agement agreement has rules relating and must support democracy and eve- ing in the Ukraine. To fulfil the Declara- to technological developments in new ryone’s opportunity to participate by tion provisions, a working group has communication services, including the providing a wide variety of informa- been set up having the task to elabo- task of reaching the largest possible tion, opinions and debates as well as rate the concept of public service

8 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

broadcasting in Ukraine. Public service proach, an endorsement for PSM activ- promoting education and learn- broadcasting does not yet exist in ities using the new media and in most ing; Russia , but rather state-controlled and cases concern not to distort competi- stimulating creativity and cul- private media. A concept has been de- tion excessively and procedural rules tural excellence; veloped with regard to PSB, which to ensure this. representing the United King- must undergo the scrutiny of relevant dom, its nations, regions and commu- federal ministries and agencies, ap- Case study 1: the BBC nities; proval by the Government and this The United Kingdom has a number of bringing the United Kingdom to eventually might be tabled for consid- other broadcasters (including ITV, the world and the world to the United eration by the Parliament. Channel 4, Five and S4C) with public Kingdom; The responses to the questionnaire service remits which are set out in leg- also established a number of public and islation (Communications Act 2003) promoting its other purposes, community initiatives for the creation and monitored by the Office of Com- helping to deliver to the public the and financing of new types of PSM . The munications (Ofcom). This case study benefit of merging communications Lithuanian response mentioned focuses on the BBC as its size, structure technologies and services and, in addi- public foundations (supported by the and governance differ significantly tion, taking a leading role in the state) that in turn support cultural and from other United Kingdom and Euro- switchover to digital television. educational projects to be imple- pean broadcasters. These Public Purposes should be pro- mented in any kind of media. Specific moted via the provision of examples were provided in relation to General structure of the Public Service output consisting of information, the Netherlands . The national govern- Remit education and entertainment, ment supports the development of The BBC’s Public Service Remit is, at its supplied by means of television, public content and new types of soft- most general level, defined in a Royal radio and online services as well as ware on the Internet. One project, Charter, the most recent being the “similar or related services which make Digital Pioneers, grants easily accessi- 2006 Royal Charter for the continu- output generally available and which ble small subsidies for the develop- ance of the British Broadcasting Cor- may be in forms or by means of tech- ment of public content with themes 1 poration, in force from 2007. The nologies which either have not been like “learning”, “community building”, Charter contains a very broad descrip- previously used by the BBC or which “living together” and “media”, for small tion of the remit but provides for it to have yet to be developed”. non-profit organisations. The aim is to be implemented by means of different promote debate, the formation of instruments. The Public Service Remit as defined by public opinion and the supply of infor- the Charter is therefore very broad in In particular, the Charter, in its section mation. The national government also its nature and with regard to output. It 49, stipulates that the BBC and the Sec- supports, along with the cities of Ams- is also very open regarding the tech- retary of State may conclude “Frame- terdam, Rotterdam, The Hague and nological means of its execution, in- work Agreements” on matters dealt Utrecht, the development of local cluding new technologies and even with in the Charter and others that are public service media directed at youth those that do not yet exist. not. The content of such agreements is in these cities, involving a local radio not specified. Such a Framework In its Article 15, the Charter also re- station where they can make their own Agreement was concluded in 2006 quires the Trust to have regard to the programmes. The national govern- and entered into force in 2007. purposes of public service television ment also supports the development set out in the Communications Act of programmes on local and regional The Charter also provides for the BBC 2003. SS 264 subs. of the Act state television in these cities for the largest Trust to set out the strategic priorities these purposes. migrant groups. In addition, local within each Public Purpose by setting The 2006 Framework Agreement republic broadcasting companies purpose remits. Additionally, the Trust quires that for each Public Purpose, a provide the possibility to broadcast shall issue service licences for BBC remit must be set. This should include programs for various social and/ or cul- services and monitor compliance with priorities and also specify how the tural groups in society for a small fee. them. BBC’s performance will be measured. When developing or amending the General outline of the remit Case studies remit, there shall be a public consulta- The 2006 Royal Charter has a very tion. The following case studies have been broad definition of the BBC’s Public The Agreement lists the following stra- chosen because they particularly Purposes: reflect the main tendencies identified tegic priorities for the Public Purposes: sustaining citizenship and civil so- in the general observations above, promote understanding of the ciety; namely a trend to define more de- United Kingdom political system (in- tailed remits than in the past, very 1. cluding Parliament and the devolved often in a two- and more-step ap- ! " ! . structures), including through dedi-

9 Appropriate conditions required to enable public service media to discharge their remit

cated coverage of Parliamentary mat- Technology, “new media” and “new Case study 2: Bulgaria ters, and transmit an impartial account communication technologies” as part day by day of the proceedings in both of the BBC remit General structure of the Public Service Houses of Parliament; Remit The framework agreement includes a promote media literacy; The Public Service Remit is defined by list of current BBC services (“United the Radio and Television Act. sustain citizenship through the Kingdom Public Services” – this does enrichment of the public realm; not include the BBC World Service), in- General outline of the remit stimulate interest in, and knowl- cluding all television and radio chan- edge of, a full range of subjects and nels. Among “new media”, the Public-service radio and television issues through content that is accessi- following existing services are men- broadcasters shall: ble and can encourage either formal or tioned: provide for broadcasting politi- informal learning; cal, business, cultural, scientific, educa- BBCi: interactive digital functions provide specialist educational tional and other socially relevant via TV, both in support of the other content and accompanying material to information; services and freestanding; facilitate learning at all levels and for afford access to national and all ages; : a comprehen- global cultural values and popularise enrich the cultural life of the sive online content service, with con- the advances of science and technol- United Kingdom through creative extent serving the whole range of the ogy by broadcasting Bulgarian and cellence in distinctive and original BBC’s Public Purposes; foreign educational and cultural pro- content; gramme services addressed to all age groups; foster creativity and nurture tal- BBC jam: a service providing inter- ent; and promote interest, engage- active curriculum-based materials for ensure, through their program- ment and participation in cultural learners aged 5 to 16 (service sus- ming policy, the protection of national activity among new audiences; pended and will close shortly.) interests, universal human cultural values, national science, education and have a film strategy; New services may be launched with culture of all Bulgarian citizens, regard- have appropriate coverage of the approval of the BBC Trust follow- less of their ethnic identity; sport, including sport of minority in- ing completion of a Public Value Test. encourage the creation of works terest; The framework agreement requires by Bulgarian authors; reflect and strengthen cultural the BBC to ensure that viewers, listen- encourage Bulgarian performing identities through original content at ers and other users can access the arts. local, regional and national level, on Public Services in a range of conven- occasion bringing audiences together In particular, the Bulgarian National ient and cost effective ways which are for shared experiences; Radio (BNR) and the Bulgarian Na- available or might become available in tional Television (BNT) shall: promote awareness of different the future, such as: broadcasting, ensure programme services for all cultures and alternative viewpoints, streaming, making content available citizens of the Republic of Bulgaria; through content that reflects the lives on-demand, whether by terrestrial, of different people and different com- satellite, cable or broadband networks assist the development and po- munities within the United Kingdom; (fixed or wireless) or via the Internet. pularisation of Bulgarian culture and have regard to the importance of No charge is to be made for reception the Bulgarian language, as well as of reflecting different religious and other of the United Kingdom public services the culture and language of citizens in beliefs; and associated content (except for the accordance with their ethnic identity; have regard the importance of TV licence fee). However, this does not afford access to the national and appropriate provision in minority lan- preclude the BBC from recovering European cultural heritage through guages; from any person the cost of providing their programme services; a service on demand or at that per- make people in the United King- insert informational, educational son’s explicit request. dom aware of international issues and and entertainment broadcasts in their programme services; of the different cultures and view- An example for a BBC service licence, points of people living outside the for bbc.co.uk, can be found at: apply the new information tech- United Kingdom through news and ! nologies; current affairs and other outputs such ! ! ! reflect the diversity of ideas and as drama, comedy, documentaries, ed- ! ! convictions in society by means of a ucational output and sports coverage; ! #$ $$% . This licence, pluralism of viewpoints in each one of bring high-quality international established by the BBC Trust, regulates the news and current affairs broad- news coverage to international audi- in greater detail the services bbc.co.uk casts on political and business sub- ences. should provide. jects;

10 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

foster mutual understanding and hensive information as may be needed veloping and providing innovative tolerance in relations between people; for opinions to be freely formed; services and by making use of techno- afford citizens the opportunity to contributing to legal awareness logical progress. The media have been get familiar with the official position of among the citizens of the Czech Re- entrusted with the task to take part in the State on important issues in public public; the process of digital switch over, their remit has been extended in order to life. creating and disseminating pro- provide new digital channels and ac- grammes and providing a well-bal- companying services and multimedia Technology, “new media” and “new anced offer of programme units for all content. However it is up to the media communication technologies” as part groups of population with respect to themselves to decide what content of the remit the freedom of their faith and convic- and form of services it would be. All As regards technology, the following tion, culture, ethnic or national origin, this must be done in the light of their provisions are noteworthy: national identity, social origin, age or public service mission which is defined gender so that the programme units in their respective laws. Article 44 reflect the diversity of opinions and 1. The radio and television pro- political, religious and philosophical Case study 4: Switzerland gramme services of the BNR and the orientations and artistic trends, with a view to promoting mutual under- BNT shall be broadcast by telecommu- General structure of the Public Service standing and tolerance and support- nication means of their own or pro- Remit ceeding from a contract with a ing coherence of the plurality society; The 2006 Radio and Television Act licensed telecommunications opera- developing the cultural identity tor. defines the Public Service Remit of among the citizens of the Czech Re- SRG, the Swiss Public Service Broad- Article 45 public, including members of national caster. A (recently renewed) conces- or ethnic minorities; 1. The Bulgarian National Radio and sion contains further details of SRG’s the Bulgarian National Television shall producing and broadcasting remit. introduce and provide new radio and news and political/public programme television services. units, documentaries, art, drama, General outline of the remit sports, entertainment and educa- 2. The Bulgarian National Radio and Article 24 of the Radio and Television tional programming, and pro- Act states that SRG shall the Bulgarian National Television shall grammes for minors. create conditions for the broadcasting provide Radio and Television programmes for all three language groups and application of digital and other Technology, “new media” and “new on an equal basis; new technologies in radio and televi- communication technologies” as part sion broadcasting activities. of the remit promote understanding, cohesion and exchange between the differ- Since the adoption of the amendment Case study 3: Czech Republic ent parts of the country, language to these acts in the year 2005 the remit groups, cultures and societal groups; has changed with regard to new tech- General structure of the Public Service nological possibilities. Apart from the promote the relationship be- Remit analogue channels Czech television tween Switzerland and Swiss citizens The legal enactment of the Public shall operate two new digital channels living abroad as well as the presence of Service Remit is divided into the fol- which can be accompanied by addi- Switzerland and the understanding for lowing legal acts: Czech Television Act tional services and multimedia its concerns in the world. and Czech Radio Act. Czech Television content and Czech Radio shall provide Thereby, SRG participates in: and Czech Radio shall provide public three new digital channels accompa- the free formation of public opin- service by creating and distributing nied by additional services and multi- ion through extensive, diverse and ac- television/radio programmes and pro- media content. These services shall be curate information, inter alia about spectively also other multimedia provided within the common public political, economic and social issues; content and supplemental services in service media multiplex. the entire territory of the Czech Re- cultural expansion, the strength- These laws also refer to a general task public. ening of cultural values and the pro- to support the development in the motion of Swiss culture; field of new transmitting technologies General outline of the remit and services. This enables the public education of the public; The main tasks of Czech Television and service media to test new technolo- entertainment. Czech Radio include, without being gies and services and use new media Details of the remit are included in the limited to: opportunities. SRG’s recently renewed concession. provision of objective, verified Both media are obliged to fulfil the Among others, the concession regu- and generally balanced and compre- prescribed public service tasks by de- lates the exact number of radio and

11 Appropriate conditions required to enable public service media to discharge their remit

television schedules as well as the multimedia contributions with a tion and other constitutional values extent of the remaining journalistic direct relation (time- and content- and guaranteeing access of significant offer required to fulfil the remit on a wise) to a broadcast; social and political groups. language-specific regional, national background and contextual infor- Public Service Broadcasting includes and international level and financed mation that have been used as a basis content production as well as the pro- through fees. for broadcasts; duction and diffusion of generalist and The concession contains a detailed list information on basic knowledge specialist channels, freely accessible or of radio and TV programmes that SRG in relation to educational broadcasts encrypted, on a national and interna- must provide and specifically man- as far as it is useful for the fulfilment of tional level, as well as offering internet dates their transmission also via digital the remit; and interactive services with the aim terrestrial means (DAB and DVB-T re- of fulfilling the objectives of PSB. discussion fora in relation to spectively). Among others, SRG may broadcasts as well as games without The Act then proceeds to define 18 dif- provide a German language informa- independent relevance. ferent aspects of the remit. tion channel consisting of programmes that have already been Case study 5: Spain Technology, “new media” and “new broadcast on the other channels. communication technologies” as part General structure of the Public Service of the remit Technology, “new media” and “new Remit As already mentioned, the remit communication technologies” as part defined by the National Radio and of the remit Public service broadcasters, a large number of additional entities provide Television Act includes various chan- Apart from the already mentioned public service broadcasting at regional nels as well as internet and interactive digital transmission of programmes, and local level. The regional public services. SRG may “broadcast” one German-lan- service television broadcasters are The mandato-marco of 13 December guage, one French-language and one monitored and regulated by the corre- 2007 (to be found e.g. at Italian-language programme via the sponding Regional Communities. In ! &! ! internet consisting of updated infor- the following, only the remit of the na- '()*%$! ) contains the follow- mation and programme information, tional PSB RTVE shall be dealt with. ing elements with respect to the new without advertising or sponsoring. The The general outline of RTVE’s remit is technologies: concession also specifies that SRG may regulated in the National Radio and Article 19 states that RTVE shall con- transmit all its radio and TV pro- Television Act (Ley de la radio y la tele- tribute to the development of Infor- grammes via web-streaming (Art. 9). visión de titularidad estatal). Article 4 mation Society and will participate in Art. 10 states that SRG may provide its of the Act specifies that Parliament will technological progress through the programmes for free over the internet approve a regulatory framework use of different technologies and diffu- for a period of 5 days after the date of (mandato-marco) detailing RTVE’s sion platforms. It shall also develop broadcast. Following that period, SRG remit and valid for nine years each. By new internet or interactive services may allow access to its programmes way of contract (contrato-programa) which are capable of enhancing and via an archive or on data carriers, between the government and RTVE, complementing its programme offer. It charging cost-covering fees for non- valid for three years, these regulations will promote the citizens’ participa- commercial use and market prices for will be further detailed. tion in news production and in the commercial use of the material. It may public life, and it will approach the also provide those programmes that General outline of the remit Public Administration Services to the have been developed in co-operation citizens. with Swiss film-makers and have The National Radio and Television Act already been broadcast by SRG as on (Ley de la radio y la televisión de titula- Art 30 defines RTVE’s TV offers. Besides demand-services at market prices, the ridad estatal) gives the following remit the “classic” multi-purpose channels, it income being used for further co-op- for RTVE. foresees a number of specialised chan- eration with film-makers. The objectives of national PSB are the nels via DTT (three channels) and satel- production, edition and diffusion of a lite (2 channels). The draft states that The concession specifies the nature variety of channels of radio and TV from 2010, a 24-hour news pro- and extent of further public service- with diverse and balanced broadcast- gramme, a sports programme and a offers by SRG: These are online serving for all kinds of audiences, covering children’s programme shall be pro- ices, teletext, an international service all genres and designed as to cover vided via DTT. This offer can be supple- and supplemental information on pro- demand for information, culture, edu- mented by further channels. RTVE grammes. Details about online serv- cation and entertainment of Spanish shall also promote high-definition TV. ices are described in Art 13 of the society, strengthen its identity and cul- In all its offers RTVE shall endeavour to concession. tural diversity; forwarding Information use information society media and Online services shall contain: Society, promote pluralism, participa- platforms. During the first “contrata-

12 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

programa” period, measures shall be The Danish Radio and Television ticipation in the public debate and the taken to ensure RTVE’s presence on Broadcasting Act is the main legal in- democratic process. IPTV as well as mobile platforms, strument governing the remits of the – DR shall contribute to popularisa- taking care of ensuring an offer that is various public service media providers. tion of the new digital media by creat- especially attractive for young audi- Details of the public service remit of ing new programmes and information ences. DR are regulated in a public service services likely to make viewers, listen- Article 31 of the draft obliges RTVE to contract with the Minister for Culture. ers and users familiar with the technol- put into service a multimedia, interac- ogy, thereby inspiring them to use it. General outline of the remit tive platform that progressively offers Reflect Denmark and the Danes on-demand and interactive content, Section 10 of the Danish Radio and Tel- – DR shall provide a broad social cov- especially using IP protocols, “classical” evision Broadcasting Act stipulates erage of Denmark, thereby reflecting Internet and mobile services. that the overall public service activities the diversity of culture, philosophy of RTVE shall also ensure that its archives shall provide, via television, radio and life and living conditions in different be searchable and accessible via fixed Internet or similar, the Danish popula- regions of the country. and mobile networks (Article 52). tion with a wide selection of programmes and services comprising – DR shall place particular emphasis on Danish language and Danish Case study 6: Denmark news coverage, general information, education, art and entertainment. culture. This case study focuses on DR which is Quality, versatility and diversity must – DR shall contribute to preserving Denmark’s only nationwide public be aimed at in the range of pro- and developing the Danish language service broadcaster financed by grammes provided. In the planning of through an active language policy, so licence fee. programmes freedom of information that the Danish language heard, seen and of expression shall be a primary and experienced by listeners, viewers General structure of the Public Service concern. Objectivity and impartiality and users is correct and understanda- Remit must be sought in the information ble. Public service broadcasting is in coverage. The programming shall – DR shall contribute to promoting Denmark organised on two levels – na- ensure that the general public has integration. tionwide and regional coverage. access to important information on Stimulate creativity and culture Nationwide coverage consists of DR’s society and debate. Furthermore, par- – DR shall place particular emphasis nationwide radio and television trans- ticular emphasis shall be placed on on its role as initiator and provider of missions and TV 2/DANMARK A/S’s na- Danish language and culture. The pro- Danish art and culture, including the tionwide television transmissions. DR gramming shall cover all genres in the Danish cultural heritage. (Denmark’s Radio) and TV 2/DANMARK production of art and culture and A/S are the Danish national broadcast- provide programmes which reflect the – DR shall enrich Danish culture with ers. DR is a self-regulating public diversity of cultural interests in Danish original content. broadcasting agency and TV 2/ society. Promote knowledge and under- DANMARK A/S is a limited liability The public service purposes of DR are standing company wholly owned by the Danish specified and listed in the public – DR shall stimulate Danish interest State. service contract. in and knowledge of a wide range of DR is responsible for two public According to the contract DR is com- subjects and areas through easily ac- service television channels and a mitted to providing the general cessible and well-presented content. number of public service radio chan- Danish public with a wide range of – DR shall increase Danish knowl- nels. TV 2/DANMARK A/S operates the programmes and services, comprising edge and understanding of the sur- public service television channel TV 2 news coverage, general information, rounding world, international affairs as well as a number of commercial education, art and entertainment, via and other cultures and viewpoints, in- channels. DR is financed almost exclu- television, radio and Internet or the cluding providing a general presenta- sively by licence fees, while TV 2/ like. tion of European culture and history. DANMARK A/S is financed by advertis- In the programmes and services of- ing revenue and other income. fered, DR shall: Technology, “new media” and “new Regional coverage consists of eight re- communication technologies” as part Strengthen citizens’ capacity and gional TV 2 television companies of the remit efficiency in a democratic society along with DR’s nine regional radio sta- Worthy of note in the present context, tions. – DR shall provide access to impor- the public service contract for DR re- DR, TV 2/DANMARK A/S and the re- tant information on society and quires DR to offer public service gional TV 2 television companies rec- debate. content – i.e. content by way of text, ognize certain public service – DR shall through programme sound and images meeting cultural, responsibilities. content and services encourage par- social and democratic needs in the

13 Appropriate conditions required to enable public service media to discharge their remit

Danish society – on all relevant tech- DR shall subject new public service sation of television services in the serv- nological platforms. DR shall focus on services, including on-demand service distributors’ programme offers the production of public service services, to an internal test (“value test”) to (Article 3-1). The CSA monitors compli- ices specifically developed for such ensure that the services meet cultural, ance with the public service obliga- platforms. democratic and social needs in society. tions. The completed tests of new services DR has a number of specific public Public service broadcasters are li- and their results will be submitted to service obligations with regard to inter censed to use the radio resources allo- the Danish Radio and Television Board alia news, educational programmes cated for the transmission of their for their opinion before the activities and services, children and young per- programmes via terrestrial hertzian are commenced. sons, Danish drama, Danish music, means; the law permits the withdrawal Danish language programmes, culture Furthermore the contract regulates of use of these resources as part of the and sports programmes and public that DR shall broadcast and make national plan for analogue-digital service on-line activities. available public service content either switchover or where they are not re- via radio, TV, including teletext, or on quired for public service broadcasting Specifically may be mentioned that DR line either for reception in flow (sched- (Article 26). In addition, it abolishes the shall launch a news channel on the In- uled broadcasting) or on demand (by exclusive right to retransmit public ternet and provide news – based on request). service programmes via hertzian the Danish news profile – in the lan- means (Article 48-1-A). Lastly, the final guages most commonly used by resi- Case study 7: France deadline for switching off terrestrial dent immigrants and refugees on DAB, analogue transmission is set at 30 Nov- teletext and the Internet, etc. Further- General structure and outline of the ember 2011 (Article 99). more DR must pay particular attention remit to the use of all technological plat- Each public service broadcaster signs a forms, including the Internet, for edu- The Act of 30 September 1986 (No. 86- four- or five-year contract with the cational programmes and services and 1067) on Freedom of Communication French government stipulating its ob- DR must inter alia make Danish music was last updated on 3 March 2007. jectives and resources (known as the 2 available on suitable platforms such as Part III concerns the public audiovisual “objectives and resources contract”). communication service: it defines the the Web, mobile phones, podcasting, Very recently, a political decision was public service remit in general and for etc. taken by the French president Sarkozy each broadcaster in particular (France to phase out advertising on France With regard to the public service on- Télévisions, Radio France, Radio France Télévisions and to replace the lost line activities, DR shall carry on Inter- International, France 3, France 5 and income with public monies. net activities with content and services Réseau France Outre-mer on the one using Internet transmission forms and hand, and Arte and the parliamentary Technology, “new media” and “new contributing to the achievement of channel on the other). The general communication technologies” as part DR’s public service purposes. As soon public service remit includes offering a of the remit as possible during the contract term varied range of analogue and digital and in the light of the technological fa- programmes in the fields of news, cul- The “objectives and resources con- cilities available, DR shall use open ture, education, entertainment and tract” encompasses the retransmission standards with a view to ensuring sport (Article 43.3). France Télévisions of programmes both via electronic general accessibility for all users of can set up subsidiaries to produce communications networks that do not DR’s on-line activities. public service programming or trans- use frequencies allocated by the CSA and by digital terrestrial means. For ex- DR’s Internet site must include news, mit free-to-air digital services in ac- ample, France 2, France 3 and France 4 programme-specific information, cordance with its remit (Article 44). The must endeavour to allow the public to content addressed to children and regulatory authority, the CSA, is re- benefit from new techniques for the young persons, educational content, sponsible for: production and distribution of pro- viewer services, discussion fora, com- ensuring the independence and grammes and audiovisual communi- munities and other user involvement impartiality of public service broad- cation services; they must foster as well as productions containing casting; relations with the public through use image, sound and text. DR shall make promoting free competition and of all the interactivity techniques avail- such content available streamed and non-discriminatory relationships be- able; in this connection, they must for downloading for reception on sta- tween producers and distributors of operate any telematic, interactive or tionary or mobile platforms. services, irrespective of the electronic on-line communication service sup- The public service Internet site must communication network used, in ac- plementing or enhancing their pro- be kept separate from any other DR In- cordance with the principle of techno- ternet activities carried on commer- logical neutrality; 2. The second France Télévisions contract, covering the 2007-2010 period, was signed on 27 April cially, i.e. without the use of licence fee and ensuring the fair, transparent, 2007, and the Radio France contract (2006-2009) in funds. uniform and non-discriminatory digiti- December 2006.

14 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

gramming; they must promote such Further changes to the remit are being Provision is made for the broadcasting services and contribute to the techno- discussed. of parliamentary debates over the In- logical development of audiovisual ternet and via satellite (Article 12-5); communication. The specifications for Technology, “new media” and “new the digitised “audiovisual library” con- France 2, France 3 and France 5 communication technologies” as part taining the archives is gradually to be provide that they must assist the tran- of the remit made available for cultural and educa- sition to “all-digital”, in particular by Article 26 (on technological neutrality) tional purposes, and to the general broadcasting information messages of the service contract provides for the public (Article 14). Other legislation about digital television and the forth- public service broadcaster’s own pro- covers the management and use of coming switch-off of analogue terres- ductions to be made available on all digital technologies and the analogue- trial transmission. distribution platforms, free of charge digital switchover. to users. Specific provisions govern the Case study 8: Italy digital switchover and the accessibil- Case study 9: Poland ity of simulcast programme services. The specific case of a self-regulatory General structure and outline of the Article 28 provides for RAI to test the document in Poland also merits men- remit transmission of content using new tion: In 2005 the Board of Manage- technologies such as DVB-H, DMB, ment adopted “the principles guiding The Act of 31 July 2005 (Testo unico high definition, IPTV, Wi-Max and the the fulfilment of the TVP SA public della radiotelevisione) grants RAI the various other broadband technolo- mission” (see Annexe 2, also available general public service broadcasting gies, in line with the principle of non- online, see 3 concession until 6 May 2016. This ar- discrimination. Article 29 deals with . The document, rangement is supplemented by the experimental services (new forms of which has the character of a self-regu- 2007-2009 service contract, concluded multimedia production and new tele- latory instrument, explains and devel- on 5 April 2007 between the Minister vision and sound languages; the pro- ops elements of the statutory for Communications and RAI, which motion of synergies with the definition of the public service remit. It lays down general and specific pro- telecommunications, IT, radio, televi- also develops further the principles of: gramming rules and establishes the sion and teletext sectors, the aim universality, diversity, balance, plural- role of public service broadcasting being to expand the services offer ism, impartiality, independence, inno- with regard to technological innova- outside Italy; involvement in the devel- vation, high quality, integrity of tion and the digital future. opment of new, high-quality digital content (in particular related to the systems and their use in electronic ban of interruption of programmes), 3. Following a European Commission investigation into the financing of the Italian public service cinema; broadband systems; and trust and accountability to the public. broadcaster, the Audiovisual Act of 3 May 2004 study of a future multimedia content It furthermore describes more con- (known as the Gasparri Act) set out both a clearer offer to be made available on a “pay” cretely the statutory tasks in the fields definition of RAI’s public service remit, including a list of related activities, and a separate accounting channel). of programming genres: information requirement concerning the public service broad- Specific provisions deal with multime- and current affairs, culture, education, casting and commercial activities. The definition is entertainment and sport. The rules based on the Act (which lays down minimum re- dia (Article 6), television services quirements, including the principle of universal supply (Article 4) and radio services also explain the nature of TVP pro- service for all programmes), the three-year contract supply (Article 5). Multimedia services grammes and TVP services in the field between RAI and the Minister for Communications of new media. (which sets out a more specific definition of the also feature among RAI’s aims, for public service remit) and additional obligations example as a means of representation Financial transparency is also ad- that may be identified and imposed on RAI by the of the country’s various social realities dressed, including detailed rules for regulatory authority, AGCOM, and the Minister for Communications. The Gasparri Act launched the (Article 8-5) and in relation to persons separate accounting in accordance digital switchover in Italy. with sensory handicaps (Article 8-3). with Polish law and EC standards.

The public service remit in the information society: financial aspects

General erally be summed up in four main obligation to broadcast over the points: entire national territory PSM financing systems are intended to provide the enterprises concerned obligation to issue objective edi- technological and/or editorial in- with the necessary resources for the torial productions and information novations fulfilment of their remit which, in the that helps form public opinion, and to various European countries, can gen- cater for all needs of the public editorial independence.

15 Appropriate conditions required to enable public service media to discharge their remit

The existence of other public service nancing method exclusively based on panies still occurs today in Italy, Hun- models throughout the world is ob- public funds (with the exception of the gary, Poland and the Czech Republic. served. For example, in the United sale of some products or articles, as In France, the licence fee is collected in States, the audiovisual landscape is well as the sale of rights and licences). conjunction with the Taxe d’habitation founded essentially on private enter- This financing can be made up of one (local residence tax). In some coun- prise. The public service there supplies or more of the following sources: tries, as for example the Netherlands certain deficiencies in the private and Belgium, the licence fee has been media, but is not designed to reach licence fee paid by viewers (and abolished and replaced by a tax. every type of public audience or to extending the scope of its imposition to new services such as Internet) The financing method based solely on offer varied content. This results in a public funds is liable to present a state financing on the basis of tax public service with a small audience problem to the small countries whose revenue and scant resources. resources may prove insufficient to It needs to be considered how a fi- direct financing for digital devel- bear the entire outlay required by the nancing system can guarantee the at- opment (subsidies) PSM to ensure a quality service. A tainment of the four fundamental taxation of private audiovisual similar question faces countries which goals mentioned above, referring in operators to finance the PSM, or other display linguistic diversities calling for particular to the practice of the various dues. the creation of distinct programmes. European countries. Financing based solely on public funds This type of financing system invites Three types of PSM financing can be has the advantage of a stable assur- several comments about determining distinguished: financing from what are ance of annual financing and low vari- the financial needs of the PSM: to called “public” funds, financing from ation of receipts from one financial begin with, it is hard to define the commercial returns, and the mixed year to the next. Furthermore, it obvi- concept of public service exhaustively, system that combines both these ates involvement with recurrent adver- which implies some latitude regarding methods of financing. tising breaks in programmes and the needs on which the corresponding Moreover, the Amsterdam Protocol on affords the PSM a predicted package official subsidisation is calculated. In the system of public broadcasting in EU with which to accomplish their mis- this connection, the European Com- Member States stipulates that it is up to sion. In the specific case of the licence mission has asked several countries, the latter to organise public service fee paid by the public, this type of fi- including Austria, Germany and Den- media and in particular to provide for nancing creates a direct link between mark, to clarify their dealings concern- their funding. listeners or viewers and the PSM. It ing their on-line activities. Besides, as also makes for containment of prob- broadcasting technologies and the Models of funding lems of competition between public public’s needs evolve, prompt and regular changes to this needs-based It should, however, be noted that the service and private channels, while assessment are called for, with the cor- purely “public” funding model virtu- averting advertisers’ commercial pres- responding financial effects. ally always contains a small proportion sure on programmes. of commercial funding, and that the Fixing of the amount payable per in- Furthermore, over-compensation of commercial funding model sometimes habitant may be settled by a govern- the actual costs incurred by the public requires state aid. Each type of financ- mental commission, an independent service remit is a temptation to be ing has advantages and drawbacks. board, or again by law, particularly in feared. That is why, in responding to Let us examine some concrete cases. the matter of exemptions. It should complaints lodged by private competi- also be highlighted that the problem tors, the European Commission has Public funding arises of how to define new ways of re- shown its determination to oppose Public funding can be regarded as ception which are likely to subjugate undue compensation that may have compensation to public service enter- the public into paying the licence fee. adverse effects on the market. prises for discharging their remit. This Means of levying the licence fee also Although these are borderline cases, implies a clear definition of the actual vary from state to state. For example, the main drawback of this financing public service remit with which the in Portugal the radio broadcasting tax method solely based on public funds is sum in compensation is associated. is in the electricity bill, as in Greece and to tie the PSM tightly to the state, and Indeed, only by prior definition of the Cyprus. Formerly in Switzerland, the this is likely to involve risks of depend- remit is it possible to make sure that payment of the licence fee was in- ence which would jeopardise the self- the resources available are propor- cluded in the telephone bill, but this management and independence of tional to the fulfilment of the remit. collection method was altered in the programmes in question. That is Several European countries have favour of an independent company especially true when political parties chosen exclusive public financing for vested with this function, following seize upon the budgetary questions the PSM; for example the United the German pattern. Reception of the relating to PSM, which may incline Kingdom (as regards the BBC), Norway, licence fee through the Post Office via these media to adopt programming Sweden and Finland have adopted a fi- invoices or telecommunications com- compatible with the most profitable

16 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

political opinions. Censorship or self- which are not, in principle, incompati- cost of archiving, updating informa- censorship are also likely issues in such ble with public service. Digital plat- tion, etc.). an eventuality. forms (mobile television, for example) Reliance on the resources of private have specific economic models which finance shows significant contrasts Some European countries have tested vary from one country to another. with public financing. a licence fee on private radio or televi- Public service media must have the On the one hand, it lessens the bonds sion operators. The principle is to reap- possibility of adapting to these specific between the PSM and the state and portion part of the commercial returns characteristics whilst benefiting from thus averts political control of the gov- collected by the private media in order room for manoeuvre which is not at ernmental authorities over the public to finance the PSM. Finland has tried variance with their remit. out this model, which carries a risk of services. the private agencies not honouring It may be indicated that in 2005, public On the other hand, these financing their undertakings. At least that is the financing of the PSM of the European systems subject the media concerned negative experience gained in Estonia. Union was estimated at 21.3 billion to the effect of competition, and their 5 The idea of this system is advanta- euros. This share corresponds to 67. earnings may vary according to the geous in that it avoids making the PSM 8% of the total receipts of the PSM trend of the commercial market. These compete with the private media on (taking all types of financing together) variations are a drawback in shrouding the advertising market and thus averts in the EU. It is an interesting figure in the development of budgets with un- suspicion of possible market distor- that it shows public funds to be the certainty but, should the market tion. Moreover, this system saves the basis for some two-thirds of the fi- shares increase, they offer prospects of PSM both from aligning their pro- nancing of western Europe’s PSM. developments which public financing grammes too visibly to the advertisers’ would restrict or preclude. interests and from having to offer Commercial funding Conversely, a system founded solely content free of advertising. It should Commercial funding is derived from on the use of private funds is not be noted that the European Broadcast- the proceeds of transactions made without effects on programmes since ing Union (EBU) points out the risks of 4 with private companies. It allows it places the PSM under possible eco- this system by emphasising that it public contributions to be reduced, as nomic pressure and justifies the distri- may become destabilised by various will be seen below in connection with bution of contents essentially aimed at factors like the success (or lack of suc- the mixed system. It should be ob- increasing the market shares of the cess) of private broadcasters, some- served that “commercial” is a concept distributor concerned. In other words, times unpredictable competition from not automatically applicable to pro- exclusively private financing is likely to abroad, or the risk of these new re- gramme content, which continues to colour the programmes and steer sources not having a sufficiently large be content aimed at fulfilling the them towards content with mainly financial volume. public service remit. On the other mass audience appeal, to the detri- The increase in revenue from the hand, commercial receipts may in ment of minority or less well repre- licence fee can be achieved by extend- some cases allow the funding of the sented audiences, and thereby ing the conditions for liability to pay. extra services that may exceed the alienate the PSM from their remit. For example, persons in Switzerland scope of the basic remit. One can ask whether private funding with a high-speed Internet connection Commercial receipts correspond to would exclude any form of depend- (ADSL or cable network) who have the following sources of income in par- ence vis-à-vis the state: in Spain, for in- specific software to make reception ticular: stance, the PSM is financed exclusively possible (e.g. Mediaplayer or Real- by commercial sources. In 2006, a law proceeds of advertising player) and who have paid a subscrip- was passed by parliament to prohibit tion to receive television programmes sponsoring (where considerations any over-indebtedness of the Spanish or who have registered with a provider in kind are significant) public service which until then sought who offers free access to television compensations from the state to make sale of products (DVDs, VODs, programmes have to pay the televi- up its deficit. This example is of inter- CDs, teleshopping, etc.) sion licence fee. Possession of a com- est in that it shows how a national puter linked to the Internet (ADSL or sale of services (interactive media body financed from private cable network) or reception via ISDN games, provision of technical re- funds alone can be tempted to seek also obliges the holder to pay the sources, transmission of rights related exceptional public funds. radio licence fee. In this context, the to programmes) Moreover, information on resources digital era also prompts a number of subscriptions derived from private funds tends to be thoughts. Digital technology gives rise less accessible or less transparent than sale of access to archive material to the emergence of pay services a state-allocated, officially determined (revenue can then be used to cover the budget, so it could be less easy to 4. Funding of public service broadcasting, EBU Legal Department, 2000, available at: 5. Source: European Audiovisual Observatory, obtain accurate information on their +, ! -***# . Trends in European television, Yearbook No.2, 2007 private financing.

17 Appropriate conditions required to enable public service media to discharge their remit

The dual funding method (mixed Large differences in the levels of state aid, was required to reimburse a funding) licence fee can also be observed sum of tens of millions of euros. between countries. In France, which It is worth noting that in some coun- The dual, or mixed, funding method has just over 63 million inhabitants, tries public funding serves to finance a adds together public revenue and the licence fee is worth approximately part of private media partially en- commercial gains. It is used in many 1.5 billion euros per year whereas for trusted with a public service remit. In European countries because it affords Germany (80 million inhabitants) and Switzerland, for instance, regional the possibility of guaranteeing fixed the United Kingdom, revenue linked broadcasters have the duty to cover public resources linked with a given with the licence fee exceeds 5 billion local information related to the respec- public service requirement, of fulfilling euros. Comparing these figures with tive areas. In France, a tax on commer- it more effectively through the input of Switzerland, which is made up of three cial revenues of the broadcasters is extra funds, and of equipping the PSM linguistic regions, the public service levied by the tax department and is to adapt to the rapid evolution of the budget (radio and television) is some notably redistributed to community media environment. 700 million euros, 70% of which is radios which bring the added benefit derived from the licence fee and 30% of giving, for example the floor to mi- This financing method mitigates the from commercial financing. shortcomings of each of the first two norities. systems and is defended by the EBU This dual method of financing is ac- because it allows the PSM to be cepted in many states but attracts criti- Some examples of national assured of a stable basis for their fi- cism from private bodies which changes perceive inherent risks of practices in- nancing while giving them resources The licence fee serving to finance the imical to the rules of competition. An allowing them to adapt to rapid devel- Czech Television was increased in 2007 example which may be mentioned is opments in the sector. to cover the new requirements of tele- the complaint lodged on 5 April 2004 vision. Once the switch-over to digital in Germany by the private broadcast- In France, about two-thirds of public is complete, television advertising will ers’ association (VPRT) against the television’s resources are derived from be abolished. In Switzerland the public channels, accusing them of pur- public monies whereas the proportion licence fee was also increased in 2007 chasing rights in respect of sports rises to approximately 86% for public in a smaller ratio than desired by the events at rates beyond the financial ca- radio, the latter being authorised to PSM benefiting from it. In fact the gov- pabilities of private operators. engage in sponsoring. In addition, ernment considered that the public specific financial measures are pre- This financing method entails a risk of service could make better use of the scribed to support projects relating to overlapping funding if the use of existing financial resources by effect- development of the new technologies public resources serves to cover part of ing internal structural improvements. (high definition TV, mobile TV, video the expenses already defrayed by These make it possible to assist in fi- on demand, digital broadcasting, etc.). private funds, and vice-versa. nancing some of the new require- In Estonia, over 90% of financial re- ments. sources come from official appropria- It is worth noting that transitions from tions while advertising is prohibited one financing system to another are The question of duality of resources (li- on radio and limited for television. occasionally observed. At present, cence fee and advertising) is the Where Italy is concerned, RAI is fi- France is discussing the possibility of subject of current debate particularly nanced up to 50% by a licence fee and prohibiting advertising on the public in France and Belgium, after a possible about 40% by advertising. Since 2007, television channels and introducing end to advertising on public service a reduction of advertising on public taxes on telecommunications to make channels was mooted in France. The channels has been envisaged while up for the resultant loss of income. introduction of new taxes on telecom- additional funding is planned in order Today, a draft law provides that as munications enterprises to replace to develop new technologies. RAI has from January 2009 advertising will be these lost earnings is under discussion received from the Italian government eliminated after 8 p.m.; after that, the at present. These new taxes are never- a sum of slightly over 30 million euros elimination of advertising will be gen- theless contested in so far as they pe- to defray, in particular, the simulcast eralised to the whole programming. nalise a growth-supporting economic phase. In the Czech Republic, a dual This kind of debate is also proceeding sector. system is also in force. Whereas com- in Belgium. In 2007 the Netherlands increased the mercial input fell from 45% to 30% The limits to this funding system budget of radio broadcasters in order between 2005 and 2007, official contri- create situations which have resulted to create new contents. In Spain, the butions grew significantly from 55% in in the public service media in the state envisages additional funding for 2005 to about 70% in 2007. Czech law Netherlands returning tens of millions each financial year. In Turkey, a new makes the special stipulation that of euros to the state. In Denmark, the law prescribes state financial support public television use part of its income channel TV2, a public service broad- for introducing digital terrestrial televi- to finance simulcast and digitise its caster, having received, according to sion (DVB-T) and distributing all pro- carriers. the European Commission, unjustified grammes over the national territory.

18 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

In Moldova, discussions are now its activities, and in a way which allows the or- sessed by an independent Commis- taking place about introducing a ganisation to carry out fully its various missions; sion (KEF). 6 The Commission consists licence fee as an additional means of – payment of the contribution or licence fee of independent experts. The assess- funding, and the possibility of foreign should be made in a way which guarantees the ment is based on the needs for main- investments is not dismissed. continuity of the activities of the public service taining existing programmes as well as In Sweden, it is required of public broadcasting organisation and which allows it the need for further development. It is service radio broadcasters that the to engage in long-term planning; also based on the general price developments, including the development charges for products derived from – the use of the contribution or licence fee by in the media sector. Every two years, their secondary activities be fixed in the public service broadcasting organisation the Commission reports on the finan- accordance with market conditions to should respect the principle of independence cial situation of broadcasters and, guard against distortions. and autonomy mentioned in guideline No. 1” where necessary, proposes increases The level of compensation for dis- in the licence fee. Determination of the financial charging public service activities National legislation prescribes differ- needs and uses of the financing depends on the remit entrusted to the ent ways in which financial resources The challenge for a given financing PSM. The extent of the public service may or must be used to ensure the ful- system is to guarantee sufficient finan- remit depends on the obligations filment of the public service remit, for cial resources to allow the PSM to con- imposed by national law. Certain con- example: tinue their activities, develop and straints or freedoms can have implica- adapt to the new media environment tions for the size of the resources primary activity of producing and and the needs of society, and hence needed for full financing of the serv- broadcasting programmes (radio, tele- fulfil their remit. Indeed, continuity in ices. Examples are: vision) activities is directly related to guaran- scope of the obligations related creation of new programmes/ teeing sufficient resources. Moreover, to development of new programmes contents the principle that public service broad- or new modes of broadcasting; development of new digital casters should carry out their remit broadcasting networks with full independence also includes granting, denial or limitation of financial independence. In particular, the right to broadcast advertisements, creation of databases for archiv- the Council of Europe’s Recommenda- or limits to advertising time or content ing programmes tion on the guarantee of independ- (targeting children, political advertis- financing the costs of broadcast- ence of public service broadcasting ing, promoting alcohol, tobacco, medi- ing (or distribution). specifies that the broadcaster must cines, religious beliefs, etc.); In general, the reach of the services of enjoy a funding mechanism which additional obligations (catering the PSM must be such that they are guarantees continuity in its activities for people with visual or auditory disa- available to all and accessible through- and enables it to plan its activities in bilities, taxes levied by the State to out the national territory, resulting in the long term (Recommendation R fund media research, obligation to high distribution costs. The diversity of (96) 10). participate in the financing of film and the carriers, the variety of the technol- The Council of Europe, in its Recom- audiovisual works). ogies in existence or being developed, mendation R (96) 10, Section V, has es- As stressed by the Council of Europe, and the public’s new consumption tablished clear principles regarding the financial needs should be deter- patterns compel the PSM to phase the funding of PSB. It states that: mined after consultation with the themselves into the digital era. This “The rules governing the funding of public public service broadcasting organisa- generates further expenditure which service broadcasting organisations should be tion concerned. can be offset either by new funding sources or by relaxation of the statu- based on the principle that member states un- To ensure that the financing system as tory obligations leading to a reduction dertake to maintain and, where necessary, es- a whole works France has made provi- of the burdens assigned to the PSM. tablish an appropriate, secure and transparent sion for several instruments. Contracts On the other hand, it allows savings by funding framework which guarantees public on objectives and resources are con- discarding technologies deemed ob- service broadcasting organisations the means cluded between the state and the solete. For example, in Switzerland na- necessary to accomplish their missions. PSM; each year, the main thrusts of tional television has given up The following principles should apply in cases their development are settled, the esti- analogue broadcasting of its pro- where the funding of a public service broad- mated cost is assessed, the public grammes in favour of digital terrestrial casting organisation is based either entirely or in revenue and commercial earnings esti- television broadcasting (also called part on a regular or exceptional contribution mated, and economic forecasts made. DVB-T). In France, like most other from the state budget or on a licence fee: […] The case of Germany is an interesting countries, the choice has fallen on a – the level of the contribution or licence fee example. The financial needs of public phase of simulcast in which analogue should be fixed after consultation with the service broadcasters are determined and digital technologies are both public service broadcasting organisation con- on the basis of submissions from the cerned, taking account of trends in the costs of public service organisations and as- 6. See -! .

19 Appropriate conditions required to enable public service media to discharge their remit

maintained for a certain time until the to it, and quality is likely to suffer. That new multi-functional devices (such as abolition of the former. This gives rise is why dual or mixed funding could, in mobile phones and PCs) are regarded to extra costs but will allow savings in some countries, be an alternative to as making the payment of a television the long term. In Austria, the PSM are funding from the licence fee alone. and radio viewing licence fee manda- required to offer on-line services tory. There is a risk that the basis for The counterpart of under-funding is related to the broadcasting activities. the calculation of the licence fee will over-funding. In practice, the risk of The posting of these services on the be eroded in the future, which could over-funding is minimal. However, it is Internet is ensured through a mixed fi- have a negative impact on the level of the responsibility of public service nancing system linked with the licence the public funding. On the other hand, media to attain the stated objectives fee and with advertising. The same the fact that these devices are still pre- and to ensure that the remit is fulfilled scheme is adopted in Croatia and dominantly used for other purposes in an economical manner. In Switzer- Greece. A mixed system linked not to has to be taken into account. land, the Government regularly veri- the licence fee but to direct State fi- fies public service accounts to ensure The change in the media environment nancing backed by commercial proper managements of funds. The and the consumer’s and viewer’s support for technological innovations Swiss Federal Audit Office has made a habits, coupled with the problem of is established in Belgium, Cyprus, detailed examination of the financial constant under-financing of PSMs also Latvia, Lithuania, Moldova, the Nether- situation and efficiency of SRG/SSR. raises the question of services offered lands, Portugal, Ukraine, Turkey and The report’s conclusion, taking into against payment, and the conditions Spain. account the particular situation of under which a public service pro- In Denmark the public service must Switzerland, was that SRG/SSR uses its gramme can be made available only offer, via television, radio and the Inter- means in a rational, targeted way. In against individual payment. The indi- net or another channel of electronic other words, it manages its means eco- vidual payments can be another form communication, programmes on nomically. However, the regulatory au- of mixed funding and may allow the current events, entertainment, art, cul- thority will monitor SRG/SSR’s development of new services for the ture, general information, etc. In Portu- continued compliance with this objec- users without increasing the need for gal, the PSM are compelled by their tive. It has been shown that Swiss other types of funding (public or com- franchise contract to bring in techno- public service broadcasting can take mercial funding). For some services, it logical innovations linked with the un- steps to ensure better centralization of can be regarded as a new opportunity dertakings made in the framework of its administration, thereby creating which therefore contributes to the international organisations. synergy among the various units of funding of PSM. Indeed, the Council of Ad hoc regulations should also ensure the corporation (among the three lin- Europe highlighted the need to secure that the use of resources does not guistic areas). Moreover, the licence funding of public service media: bring about unfair competition with fee is calculated in a regular manner in “Member states should define ways of ensuring private enterprise. Such regulations order to guarantee that the public appropriate and secure funding of public may therefore concern: service remit is fulfilled. service media from a variety of sources – which the manner and the terms may include licence fees, public funding, com- whereby the PSM (and/or by their affil- Challenges and opportunities mercial revenues and/or individual payment – iated companies) may or may not de- necessary for the discharge of their democratic, liver services to third parties (e.g. The technological development and social and cultural functions.” (Recommenda- creation of audiovisual products for the changes in the media environment tion (2007)2 on media pluralism and diversity of third parties; consultancy); have an impact on the mode of financ- media content, paragraph 3.5, emphasis added.) ing of public service broadcasting. The conditions in which PSM can set PSM programmes can be received The Council of Europe stressed the up and develop other companies. through a multitude of devices which central role of the public service media Another question that arises here is increase the reach and the audience, in the new media environment, and the over-funding and under-funding and in particular for specific sections the fact that the adaptation to the new of public service media. When all or of the population. With technological communication services also includes part of the funding comes from the developments the number of devices the possibility to offer personalised in- state, it has to be ensured that the re- other than traditional radio and televi- teractive and on-demand services sources are sufficient to guarantee ful- sion sets able to receive radio and tele- (Recommendation Rec (2007) 3 of 31 filment of the public service remit vision programmes has increased. January 2007 , paragraph 5), as well as which the licensing authorities have Regarding the quality of reception, to collect remuneration for personal- defined. If the State does not honour these multi-functional devices (such as ised services. In particular, the Council to an adequate extent its support for PCs and mobile phones) are suffi- of Europe considers that: public service media, the risk exists of ciently sophisticated to allow for “Taking into account the developments of the under-funding. Thus the public service good-quality reception. Nevertheless, new digital technology, member states may media organization will be unable to in the majority of European countries consider complementary funding solutions carry out properly the tasks entrusted it is not clear whether the use of these paying due attention to market and competi-

20 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

tion questions. In particular, in the case of new sary auditing arrangements to ensure Audits may be performed on the PSM personalized services, member states may con- that the PSM manage their resources (or on the taxpaying public as regards sider allowing public service media to collect re- rationally and that their operating the propriety of the payment of the munerations . Member states may also take structures comply with the principle of licence fee): advantage of public and community initiatives economy of scale, especially where by independent regulating au- for the creation and financing of new types of several channels or companies come thorities public service media. However, none of these under the same organisation. solutions should endanger the principle of uni- Care will also be taken that the ties of by the state, provided this does versality of public service media or lead to dis- the PSM with their main service suppli- not affect self-determination by PSM crimination between different groups of society. ers obey the law of the market. That is of editorial content When developing new funding systems, particularly so when the PSM control by duly commissioned enter- Member states should pay due attention to the sister companies: in such cases, it prises. nature of the content provided in the interest of should be examined if there are neces- In Switzerland, the regulating author- the public and in the common interest” ( ibidem , sary safeguards in order to prevent any ity is required to perform a financial paragraph 30, emphasis added). cross-subsidising between public overview of the public service, and The changes in the media environ- service activities and commercial ac- may demand explanations concern- ment have also raised the question of tivities. ing the accounts submitted. the sustainability of the model based It is a matter of verifying that the use of on commercial revenue, and in partic- the resources deployed genuinely Transparency in the use of resources is ular on advertising revenue. This is covers the requirements of the service necessary to ensure sound manage- because the development of the serv- mandate and does not directly or indi- ment of the PSM. Good resource man- ices offered on the open Internet is rectly further extraneous ends. agement can be assisted particularly if liable to have an impact on the adver- there is transparency in accounting, It is to be verified in particular: tising activities, and hence revenue, of detailed publication of the annual ac- traditional television. One of the chal- that public financing is suited to counts. lenges for the future is therefore to the needs of the PSM and suffices to For the sake of transparency, the PSM find other forms of financing - based fulfil the public service remit would be advised to adopt an ac- on public or commercial revenue - to that the burdens of the PSM are counting method in which activities support PSM. not overestimated or underestimated, linked with the public service remit are and correspond to authentic, justified clearly separated from commercial ac- Audit and accounting values not liable to cause distortion of tivities. This ensures suitable use of re- A financing system must guarantee competition sources and facilitates auditing. This that the funds allocated to the PSM are that book-keeping is transparent procedure is moreover in keeping with used properly and in accordance with and separates the primary activities the obligations for EU Member States the applicable statutory foundations. from the subsidiary commercial activi- and with decisions relating to compe- It is thus expedient to make the neces- ties. tition in this sphere.

Analysis of technical conditions for the fulfilment of the public service media mission, drawing on the replies received from member states

Introduction ments given in Committee of Minis- courage the process whereby services ters’ Recommendation R (2007) 3. of value are provided, and whereby Because of their diverse perspectives media of the highest quality and The requirements of the public service and the limited ground they cover, lowest cost possible are made availa- mission are a national matter, but the from the replies received it is difficult ble. This can include many elements – diversity of the replies suggests that to draw general conclusions about the programmes, services – but also, in European States may welcome technical conditions needed to some cases, can help the industry to common information to help define achieve the public service media be successful. the technical conditions needed for mission across Europe. Nevertheless, public service media, to help them The technical conditions needed are important information emerges from make their own decisions and choices. those which work in favour of these the replies. These are reflected in the objectives , and work with other con- following Section, which also draws on Public service media services are in the the indications for technical require- “general interest”. They are there to en-

21 Appropriate conditions required to enable public service media to discharge their remit

ditions such as finance, regulation, and be achieved, and usually this is a per- bands for broadcasting, and these training of talent, to achieve them. centage in the high 90s; same bands will be used in the future The media are an industry which relies that services need to be provided for digital television broadcasting. on technology. This is thus a very im- for those with special needs, such as There are arguments that, in future, portant issue. the handicapped, including tools to the broadcast band spectrum should make the content more comprehensi- In the questionnaire, there were three not all be used for broadcasting, but 7 ble; questions on technical conditions. rather also for specific mobile services The first question is a general one and that receiving equipment needs classified as “IMT” (International the second and third ask for examples to be arranged to be “cost-effective” – Mobile Telecommunication), which in- of how the technical conditions for usable, available, affordable, and of cludes digital telephones and wireless specific parts of the public service high quality; broadband Internet services (thus, mission have been fulfilled – for new that optimum use is made of network operators argue, allowing media, innovation, and DTT. technology advances. cheaper network costs; and, in rural Many of the answers received to the There are a growing number of means areas, possibly higher bit-rates). first question were in reality about fi- to deliver media to the public, each There are, however, counter-argu- nancial conditions rather than techni- with their own characteristics. Thus, in ments that even all the currently used cal conditions, though some replies do general, public service media organi- broadcast bands will not be enough to also mention matters such as spec- sations need: give the public the new digital broad- trum availability, which is an important Sufficient radio frequency spec- casting services they will wish, which technical condition. trum or channel capacity for current will include normal television, high and near-term needs for terrestrial definition television, mobile television, Universality of access broadcasting, and which is not subject and new broadcast forms of the future. Public service media is a service for the to interference. Different European states today take “citizen”, which must mean “all citi- Adequate means for media pro- different positions on this. zens”. The first characteristic is univer- duction. sality of content and access. To Adequate means for archiving the Whatever the proportion used for achieve this, in technical terms, means national media heritage. broadcasting, adequate spectrum is a that media services must be available: Technical access to significant technical condition for public service where the citizen wishes to find platforms, and to gatekeeper or portal media to fulfil their mission. Lack of them, platforms for cable, satellite, and IPTV spectrum will lead to “market failure” in a way he or she can “take in”, (in the economist’s sense) for broad- Adequate technical means for and casting. The replies often give no indi- tools to help those with special needs. at an affordable price. cation of how states will provide A mechanism to create and im- adequate spectrum. This, in turn, implies: plement common technology stand- that services need to be available ards for different platforms, to ensure The associated issue of whether spec- on all “significant” delivery platforms, competition in consumer electronics, trum should be given ‘free of charge’ consistent with proportional costs. and consequent lower costs for the for public service media, or against What could constitute “significant” re- users. payment (spectrum pricing), is a complex one. Whereas giving the quires more reflection; Research and development of spectrum free of charge does not gen- that signals need to be available media technology. erate income for the state, it can be for all citizens, in and out of the home, Means to explain to the public argued that selling it to public service up to the point where “marginal” costs what is happening and how they will media amounts to moving money of providing them are disproportion- be affected, in a way they can under- from one part of the public purse to ately high. The maximum coverage stand. another. Furthermore, the social which is reasonably practical should These could all be explored in detail, benefit of the public service media, 7. “Describe how the state ensures that public but for brevity here it may be more which is quantified as “public value”, service media have the necessary technical re- useful to use some examples. needs to be part of the equation for sources to fulfil their remit. calculating how much spectrum is Could you provide concrete examples on how the public service is using new services (such as inter- Example 1: Sufficiency of digital worth. net, mobile services, podcasting, etc.) enabling terrestrial television spectrum them to reach more households, to produce more 8. There are a number of features of DTT which quality content, to respond to the expectations of Public service media need adequate make it an invaluable broadcast media distribution the public, and to keep pace with developments in radio frequency spectrum for free-to- means – including user convenience, ready local- the digital environment? If appropriate, to what air digital terrestrial television broad- ism, staggered introduction costs, and national extent do the public service media take part in the 8 control. These cannot be duplicated by other distri- technological innovation of the electronic media, casts and digital radio. At the current bution means, each of which has its own advan- as well as in the digital switchover?” time, the ITU assigns several frequency tages.

22 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Example 2: Mobile broadcasting because of other benefits they believe Internet may dominate in the long standards they bring, such as the availability of term. Public service media need to be able more reliable equipment. The replies show that all public service to supply services that are affordable media providers operate websites. The to provide, and affordable for the The technical quality websites of the larger European broad- public to receive. This calls for large responsibility casters are even among the most volumes of receivers to be made, and Another characteristic of public viewed in Europe, and sometimes in for common technical standards. service media is consistent high tech- the world. However, the replies These create a larger market for the nical quality. Quality perceived is set suggest that broadcasters in many manufacturers, and competition for by context, and the context for the states have not yet entered whole- price and features to benefit the con- public experiences of media is increas- heartedly into Internet delivery, and sumer. ingly going to be “high definition” do not yet see it as a future “equal im- In practice there is a declining trend in television. All broadcasters may need portance” partner to broadcasting, but common standards for media in to migrate to HDTV programme pro- more as an adjunct. Furthermore, in Europe. For broadcasting to hand- duction and HDTV programme deliv- many European countries, for example helds, for example, the story may ery. in Germany, there is a major discussion to what extend public service broad- already be well known. The European HDTV may be the most emotionally casters should be allowed to use Inter- Commission has encouraged a single powerful media the world has ever net for their offers. A survey in 2008 by technical standard, DVB-H, to bring seen. HDTV production will be no the European Broadcasting Union “interoperability”. Alas, though inten- more expensive, item by item, than (EBU) among technical experts sug- tions were good, within the DVB-H “standard definition” television, but re- gested that about 70% of EBU specification there are a number of dif- equipment will be needed, as will members believe broadband will be ferent options and open elements, so training; and, critically important, equally important to broadcast deliv- the recommendation alone will not broadcast spectrum for HDTV will be ery by 2015. lead to interoperability. Furthermore, needed. Recent studies 9 have also shown that the recommendation is made some Few replies acknowledge awareness there is media concentration in the years after DVB-H was developed, and of the HDTV transition ahead. In five “web” industry, which will make the there are a number of other options years’ time, all TV sets sold will be strong presence of separate national already in use, and some of them use HDTV-ready, and all new programme public service media on the web an more recently available technology. In production equipment for sale will important guardian of media diver- other words, the lack of precision of work in HDTV. the recommendation, and the delay in sity, reinforcing the need for a strong making it, may have rendered it less ef- It will be necessary to provide HDTV Internet service. services by terrestrial broadcasts in fective. This initiative by the Commis- Public service media providers have a countries where terrestrial broadcast- sion was seen with reservations in number of options for making their ing meets a large need. In countries several European countries. media available on the Open Garden where it is less used, HDTV could ini- Internet. These include: This illustrates that common standards tially be provided by other delivery need early, concerted and purposeful means. developing their own sites, or fur- action. A key is that active participa- ther, their own media player (such as tion is needed in research and devel- the BBC iPlayer) Keeping pace with developments opment, and in standardisation adding their content to one of the Probably the two most significant de- processes. Few European states today, large portals such as YouTube, in seg- velopments in media delivery in the and only a few public service media ments such as a YouTube “channel” providers, do research or contribute to next five years will be: grouping with fellow media pro- standards’ development. the growth of digital broadcast- viders to provide a multi-provider por- ing, and The replies to the questionnaire tal, but one which is essentially suggest that most states regard them- the growth of broadband deliv- focussed on professionally generated selves as being innovative in new ery. content, rather than user generated media. Yet practical evidence suggests Broadband will be more than just in- content. that many in fact often follow the tech- teresting websites. It may be a main The first option will only be open to nical research of others. means of media delivery that comple- large media service providers because It should, however, be pointed out that ments broadcasting, and it may even- of the need for significant infrastruc- public service and commercial broad- tually achieve the same level of public casters can have different perspectives use or reach. It will provide both 9. EBU Study on Broadcasters and the Internet, on the need for “common standards”, “walled garden IPTV” services or the November 2007. Available on the EBU/SIS website at: +, . and some commercial broadcasters “Open Garden Internet”. Current evi- $ .$ .$/ .$"!!.$ - favour “vertically integrated” solutions, dence is that eventually Open Garden 0* .

23 Appropriate conditions required to enable public service media to discharge their remit

ture and expertise. The second will be third may offer the most valuable The replies suggest that only some open to all, but with this option serv- route for public service media, but states have studied the future pattern ices may not be noticed among such a would require cooperation and of media evolution. huge volume of content on offer. The coordination.

Table 1. Transition to digital television (sourced from Digitag)* Country Overview Offer Next steps Comments on public service mission “best practice” France DTT services Launch on 31 18 free-to-air/ 11 pay DTT Extend DTT coverage to Use of most efficient (MPEG4) tech- March 2005 services on national plat- 89% by the end of 2008 nology for pay services 26% penetration (May form Analogue switch-off set for Use of lowest cost (MPEG2) technol- 2008) 5HD/DTT services to 30 November 2011 ogy for free-to-air services launched by end 2008 ASO body France Télé National body to guide switchover 16 DVB-H broadcast serv- Numérique to guide ices to launch by end 2008- switchover 07-30 Germany DTT services first launched Varies between Länder ; Analogue switch-off to be Use of digital terrestrial to provide in Berlin/Brandenburg in approx. 24 television pro- completed nationwide by competition for cable networks offer November 2002 gramme services, up to 30 end of 2008, resulting in a Technology arranged to also allow 7.8 million DTT receivers Short simulcast period technical coverage of DTT reception on portable (second) tele- sold (March 2008) (generally between 3-9 of about 90% of popula- vision sets months) tion. DVB-H services launched in June 2008 Italy Services launched in Dec- 8 DVB-T multiplexes and 2 Italia Digitale set up to Technology arranged to provide in- ember 2003 DVB-H multiplexes guide digital switchover teractive multimedia, including e- Over 8 million DTT receiv- Successful launch of pre- Analogue switch-off government, at affordable cost to ers sold (March 2008) paid, pay-per-event serv- roadmap to be presented viewers. (MHP) 85% of population cover- ices in September age Subsidy for purchase of interactive digital TVs in 2007 Spain Re-launch of DTT platform 20 free-to-air television Analogue switch-off set for Success achieved (after first failure) on 30 November 2005 programme services avail- 3 April 2010 by providing large free-to-air offer 31.8% DTT penetration able nationwide plus many New legislation for mobile (May 2008) regional and local services TV and possibly pay-DTT 88% population coverage 1 multiplex reserved for mobile television United Kingdom Re-launch of DTT services 30 free-to-air television DVB-T2 services offering Success achieved (after first failure) in October 2002 programme services plus HDTV to launch in 2009/ by providing large free-to-air offer 38% DTT penetration one pay bouquet 2010 on Multiplex B Migration to most efficient technol- (March 2008) ogy and HDTV planned Services reach 80% of pop- National body to guide switchover ulation Analogue switch-off under way and will proceed until completion in 2012

* Information for first three columns taken from the DigiTAG organisation (www.digitag.org).

Table 2. Transition to digital television (other countries) Country Overview Comments on public service mission “best practice” Finland Analogue switch-off completed on 31 August 2007 Digital switchover efficiently accom- Viewers can access 15 free-to-air and 22 pay services plished but possibly too rapid for DVB-H services available since December 2006 some members of the public 100% population coverage Sweden Analogue switch-off completed in October 2007 Viewers can access 6 free-to-air and 20 pay DTT services 6th multiplex to launch using MPEG-4 AVC format 100% population coverage

24 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Table 2. Transition to digital television (other countries) Country Overview Comments on public service mission “best practice” Denmark 1 multiplex launched in March 2006 with 100% penetration Initial offer too limited to be major 21% DTT household penetration (Dec 2007) attraction Analogue switch-off set for October 2009 After switch-off, 5 multiplexes to launch using MPEG-4 AVC Norway Launch of DTT services in MPEG-4 AVC on 1 September The most forward-looking approach Viewers can access 5 free-to-air and 20 pay DTT services in technology in Europe. DTT coverage of 70% of the population All receivers sold include the most efficient technology and HDTV capa- Analogue switch-off began in March 2008 for completion in 2009 bility Belgium Switch-off expected to be completed by 2011/2012 Planning for DVB-H services underway Netherlands Analogue switch-off completed on 11 December 2006 Very rapid switchover to digital ac- DTT penetration increased from 5% to 7% of population complished DVB-H services launched in June 2008 Switzerland Analogue switch-off completed on 25 February 2008 Rapid switchover to digital accom- DVB-H services launched in June 2008 plished with public good will Portugal Candidates invited to tender for DTT multiplex licenses Taking advantage of late start to use Viewers will be able to access free-to-air and pay DTT services using MPEG-4 AVC most efficient technology across 6 multiplexes Emphasis on HDTV Ireland Four multiplexes offering pay and free-to-air services to be launched using MPEG-4 AVC Emphasis on HDTV Greece Trial DTT services available with 65% population coverage Only country offering a channel spe- Also offering services for handicapped cifically to help the handicapped Czech Republic DTT services available to 38% of the population Technical plan with switchover plans issued in March 2008 ASO took place in Domažlicku with full ASO set for 2011 Hungary Awaiting award of license to operate 5 multiplexes MPEG-4 AVC compression format likely One multiplex reserved for DVB-H services / ASO by December 2011 at latest Poland DTT launch using MPEG-4 AVC expected in 2008/2009 Use of later start to allow most effi- DVB-H service expected to launch by 2009 / Analogue switch-off set for 2014 cient new technology (MPEG4-AVC) Estonia Pay-DTT services launched in Dec 2006 using MPEG-4 AVC One of the first users of the most effi- Services available to 100% of the population / HD/DTT trial underway cient technology (MPEG4-AVC) ASO to be completed in 2012 Lithuania Pay-DTT services officially launched in March 2008 using MPEG-4 AVC As above Services available to 95% of the population ASO set to begin in 2012 Latvia Full roll-out of DTT services expected by 2009 using MPEG-4 AVC Use of late start to allow most effi- ASO to be completed by January 2011 cient new technology (MPEG4-AVC)

The digital switchover and all states, is that it evolves rapidly. Each Arguably, all countries, large or small, technology development cycles technical system generation lives rich or poor, need to be involved in the The transition to digital technology in about 6-9 years. This means that states technical processes of research, devel- television is inevitable because of the that begin services at different times opment, and standardisation, in order savings in spectrum and greater flexi- have different “best technology availa- to make the best, and if possible simul- bility it allows. ble”. This makes policy decisions diffi- taneous, policy decisions. There is a cult particularly for those who face the case that all media service providers The replies show that most of the choice between following the early should spend a proportion of their larger European states, and smaller starters (often the richest countries) income on this – it is their “insurance states, have plans for a digital switcho- and taking advantage of the latest policy”. ver in the EU suggested timescale of technology. It also means that the 2012. greater the time gap between digital The assumption that public service But one of the realities of technology, switchovers, the greater the diversity media organisations only concern which may not have been studied by of systems in use across Europe. themselves with content can only

25 Appropriate conditions required to enable public service media to discharge their remit

work if there is someone else to Summary of some digitisation nations have “must-carry” rules for develop the technology in their inter- strategies for terrestrial public service broadcasts on cable net- ests. Public service media should television broadcasting works, and also sometimes on other either clearly define their technical The dominant model in Europe is significant broadcast multi-channel needs or take part in the development a free-to-air platform with some pay platforms by satellite. of technology themselves. services. As far as member states of the Euro- Though there are some substantive Most successful national strate- pean Union and European Economic public service media research and de- gies include cross-industry national Area are concerned, “must-carry” rules velopment facilities in Europe, their coordination. are covered by Article 31 of the Univer- number is diminishing rather than Public service broadcasters have sal Service Directive, which is currently growing, and the majority of public played an important leadership role in in the process of being revised. It in- service media providers are followers all countries. cludes requirements related to the networks covered, clearly defined of technology, not leaders. This is not Analogue switch-off completed in general interest objectives, propor- conducive to the greatest market several countries, and is likely to be tionality, transparency, and periodic success for Europe. complete before 2015 in virtually all review. The European Audiovisual Ob- countries. servatory published in 2005 a table 10 Digitisation of terrestrial on how European states have imple- television broadcasting The technical conditions to mented Article 31. This table is taken To understand the ways in which tech- enable “must carry” on from its publication To have or not to nology can be used to serve the public distribution platforms such as have Must-Carry Rules . The author of service mission, in this section we con- cable networks the item concludes that Article 31 has sider the specific issue of the digital Viewers can reasonably expect that not been fully implemented by all transition for terrestrial television television services which have a public member states and that Article 31 has broadcasting. In the tables starting service mission will be available at not led to a harmonisation of national page 24 are given some outline details their convenience, and be present on must-carry legislations. of aspects of the digitisation approach all significant platforms. 10. It should be noted that this information from adopted in different countries in One element of this is presence on 2005 may not necessarily reflect completely the sit- Europe. cable networks. To facilitate this, many uation in 2008.

Table 3. Implementation of Article 31 of the Universal Service Directive Country Specified broadcast Cable only Clearly identified Only public service Copyright payment channels general interest ob- channels jectives Austria Yes Yes No No Yes/no Belgium Yes/no* No/yes† Yes/no Yes/no Yes Czech Republic No No No No Yes Denmark Yes No Yes No Yes Finland No Yes No No No France Yes No No No Yes/no Germany No Yes Yes No Yes Hungary Yes Yes No No No/yes Ireland Yes Yes No/yes No No Malta No No No No No Netherlands Yes/no Yes Yes No Yes/no Poland Yes Yes No/yes Yes Yes Sweden Yes/no Yes Yes/no No Yes United Kingdom Yes No Yes Yes No

* Most points of the provision have been implemented but not all. † Most points of the provision have not been implemented even though some have.

Must-carry rules are of potential broadband access providers). Must- with respect to “open” networks, benefit with regard to not only tradi- carry rules thus continue to be a rele- where there is open access and where tional cable television networks but vant instrument to ensure universal media services are provided/control- also other “closed” networks, where all access to public service media, in line led by the media service providers media services are provided/control- with Recommendation Rec (2007) 3. themselves (e.g. on the open Internet). led by the service/network operator On the other hand, must-carry rules In this connection, the open architec- (such as IPTV services offered by are not an appropriate instrument ture of the Internet, with the new legal

26 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

concepts of “net neutrality” or “open- ices and between different types of Must-carry rules and net neutrality ness of the Internet”, is of considerable applications or technology. Net neu- principles can be seen as complemen- interest. trality is thus likely to play an impor- tary instruments. With new media plat- These concepts are based on princi- tant role in facilitating the distribution forms, it remains crucial for consumers ples such as transparency of network of non-linear audiovisual media serv- to enjoy guaranteed access to public management, minimum requirements ices, including those provided by service content. for “quality of service” and non-dis- public service media, to the general crimination between different serv- public.

Transparency and accountability of public service media organisations

The recommendation invite public service media organisa- themselves to the production of con- tions tent, especially in non-linear media. While Recommendation Rec (2007) 3 of the Committee of Ministers to “to envisage the introduction of forms of con- Also, pressure from the competition member states on the remit of public sultation with the public, which may include the law side and from the public means service media in the information creation of advisory structures, where appropri- that the burden on PSM to justify their society only sparingly addresses the ate reflecting the public in its diversity, so as to special status and funding is on the in- issue of transparency and accountabil- reflect in their programming policy the wishes crease. As can be seen from the follow- ity of public service media organisa- and requirements of the public”. ing report, this often leads to new tions towards the public they serve, it accountability and transparency re- contains a number of elements that quirements, such as the obligation to Transparency and accountability show that responsiveness of PSM and regularly report on the implementa- of PSM – challenges and dialogue with the public are consid- tion of the remit. opportunities ered essential. In this respect, a clear link is made between these obliga- Transparency and accountability of General situation in the member tions of PSM and the new possibilities PSM towards their (often fee-paying) states viewers and listeners have always afforded by the evolution of communi- The Group of specialists on Public been among the characteristics of cation services that PSM can and Service Media devised, at its meeting PSM, at least in theory. In practice, this should make use of. of March 2008, a short questionnaire in influence was (and is) mostly media- order to gather the necessary informa- Thus, guiding principle No. 5 calls for tised through representative struc- tion to establish the present report PSM to make use of user-generated tures such as Viewers Councils, due to (see Appendix 3, page 48). The ques- content and other participatory the impossibility of granting the tionnaire brought responses from 14 schemes in order to involve the public, with its numerous and often member states as well as from one younger generations in active forms of mutually exclusive requirements direct professional organisation. communication. Principle No. 6 influence on the programming and stresses the importance of regular the content of broadcasts. evaluation and review of PSM activi- Entrustment of the remit, public ties, so as to ensure that all groups in Newer developments have exerted consultation, reporting require- the audience are adequately served, their influence in two ways. On the one ments hand, the increase of commercial pres- thus emphasising the necessity to Regarding the transparency of PSM, sure on PSM has made achieving foster transparency and accountability. most member states have pointed out transparency even more difficult than that their respective PSM organisa- Most importantly, principle No. 18 in the past, especially concerning ex- tions are under various legal require- points out that PSM should them- ante-information, as such information ments that aim to increase their selves enhance their dialogue with, is usually commercially sensitive and transparency and accountability, espe- and accountability to, the general divulging it at the wrong stage could cially the obligation to provide reports public, also with the help of new inter- result in disadvantages for the PSM. on different topics, most importantly active services. On the other hand, new technologies on the fulfilment of their public service It is noteworthy that another recent have both improved the way in which remit. Also, a number of member recommendation, Recommendation transparency and accountability can states included detailed information Rec (2007) 2 on media pluralism and be achieved (e.g. through online infor- about the entrustment of the remit by the diversity of media content calls, in mation and feedback) and the possi- way of transparent mechanisms such its point 3.3., on member states to bilities of the public to contribute as public service contracts, guidelines

27 Appropriate conditions required to enable public service media to discharge their remit

or concessions established after public behind important decisions are made policy plan and budget, the NPO takes consultation. public (e.g. in Public Value Tests). In openly responsibility for its activities. For instance, Sweden pointed out that particular, licensed public service The rightfulness of the activities of the its three PSB are obliged to publish channels need to report on how they NPO is independently controlled by annual Public Service Accounts, point- delivered their remit in the preceding the Dutch Media Authority, the Com- ing out how their activities have corre- year. These reports should review missariaat voor de Media. They publish sponded to the obligations laid down achievement against the overall strate- their findings yearly. Also in English: in the charter and the annual Condi- gic aims for the service in terms of ! 121 3%* . tions for Appropriation. These Condi- broad service and programming strat- From 2008 and onwards, the Dutch tions are set out yearly when deciding egy; overall audience and any specific government introduced a perform- about the funding of the PSB. As of demographic targets; broad balance ance agreement ( prestatieafspraken ) 2008, another, shorter report of PSB is of output proposed; specific areas to with the NPO. In this agreement, the to be addressed to the general public. be addressed; any specific key goals/ NPO gives account of the fulfilment of Also, Sweden has introduced a very objectives, and initiatives to address their public tasks. The performance transparent mechanism in order to them. Reviews consider the achieve- agreement deals with programming prepare the PSBs’ Charter ahead of ment of strategic developments policy and its reach among the audi- each new Charter Period. Various con- against the previous year’s statement ence. The performance agreement is sultations are held and Green and and are expected to be self-critical, also based on a long-term strategy White Paper prepared before Guide- when appropriate. Reviews should and is a cornerstone in public account- lines are established by the Parliament include the past year’s overall pro- ability. The agreement deals with and the Charter issued by Govern- gramme budget and audience share. many subjects: culture, knowledge ment. Switzerland pointed out the various and sciences, media and diversity, legal requirements on the activities of sports, new media technologies, tech- Similar annual reports on the fulfil- PSM as well as private operators, as did nical improvements, social interaction ment of the public service remit also Estonia and Spain . The latter de- with viewers and listeners, documen- exist in Norway . The Norwegian scribed in detail the new Framework taries, youth, etc. The current perform- Broadcasting Corporation’s remit is Mandate for the Spanish national PSM ance agreement lasts for 2.5 years defined in its statute as well as a sepa- RTVE, decided upon by Parliament. (2008, 2009, 2010 partly). In 2010 a rate, recently published document More detailed programme-agree- new version will come into effect, that was made subject of an intensive ments are agreed upon by the PSM which will be improved with the expe- consultation procedure. In the Czech and government. Also, the PSM shall riences of the first 2½ years. The public Republic , Czech Television and Czech transmit to Parliament a yearly report broadcaster will inform the audience Radio both have to establish annual on the execution of the Framework and the government about the results reports on their Activities and on their mandate and programme-agree- on a regular basis. financial Management. These reports ments and a report on the fulfilment of are transmitted to Parliament and The large number of private and the public service function entrusted. published online. Austrian public public organisations which work to- broadcaster also has to publish a In the Netherlands , the national gether under the co-ordination of the yearly report on the implementation public service media “umbrella organi- NPO publish each every year their of its remit; this report is transmitted to sation” NPO (Nederlandse Publieke annual reports. This information is Parliament yet not published. Omroep – Netherlands Public Broad- published in print and on the Internet. casting), the name under which a large Hungarian PSBs also have to report number of private and public organi- every year. In Germany , the State External and internal control or sations which have obtained a broad- consultative structures Treaty on Broadcasting specifies that casting licence operate, is required to public service broadcasters have to submit a multiannual policy plan and Several respondents pointed out that publish, every second year, a report budget ( Meerjarenbegroting ) which is their PSM are supervised by external covering the fulfilment of their respec- approved (concession) and adapted institutions or internal organs or that tive public service remit, the quality year after year. This system is actually such institutions have a consultative and quantity of public service offers the benchmark for the accountability function. and programmes and the planned of the NPO. The multiannual planning Some member states particularly focus points of respective future pro- (with a five-year timespan) of the NPO pointed out the right of individuals to gramme services. is supposed to provide a balanced and lodge complaints against PSM with su- In the United Kingdom , the BBC as coherent media supply on all channels pervisory organs, thus constituting an well as other public service operators including the internet. A variety of additional, if peculiar, way of interac- are obliged to produce and publish subjects regarding public broadcast- tion between the public and PSM. various reports. Transparency and ing like policy per channel, diversity, Such an instrument was mentioned by openness are strongly enforced and youth, culture, education, etc., is dealt the Swiss answer: individuals can reasons and key considerations with. By publishing this multiannual lodge complaints against any broad-

28 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

caster against the content of a TV or brella of the NPO, have been adjusted service remit, taking into account the radio programme as well as against from time to time after advice of the added value of its programmes as the refusal to grant access to a pro- AR. regards the audiovisual offer and the gramme (be it a “normal” programme promotion of the civic and cultural for- The Commissariaat voor de Media or advertising). In Austria , a similar mation of citizens, as well as the view- (Dutch Media Authority, system exists; however, lodging com- ers’ perception of its ability to transmit ! – also in English) reports on a yearly plaints to the regulator (Bundeskom- information and knowledge. In Portu- basis on the rightfulness of the expen- munikationssenat ) is not an individual gal, the activity of the PSM organisa- ditures of the NPO. This is one of the right (except in those cases where tion RTP is also subject to monitoring regular tasks of the Media Authority there has been an infringement of per- by the Opinion Council, a statutory (article 2.175 of the new Media Act). sonal rights of the complainant; com- organ of the company. The Opinion Every five years, the NPO is evaluated petitors can also lodge direct Council monitors and issues declara- independently by an independent visi- complaints) but has to be jointly un- tions on the performance of public tation committee (visitatiecommissie ) dertaken by at least 120 fee payers. In service radio and television, with which assesses the way the NPO fulfils the Czech Republic , external supervi- regard to the general basis of pro- its public tasks. sion is undertaken by the Council of gramming and investment plans, Radio and Television broadcasting but In the quite specific case of the Nether- hearing if necessary those in charge of no mention has been made in the re- lands, an important part of the Dutch programming and information. sponse on the standing of individuals. PSM-system consists of individual In Italy , under the present service con- membership based broadcasting or- Another kind of supervision was re- tract, quality programming of “value” ganisations (other PSM organisations ported by the United Kingdom : ac- to the public is a distinctive feature of do not have members, however). cording to the Communications Act RAI’s public service remit (Article 3). A Pluriformity is strengthened by a 2003, Ofcom has a statutory duty to six-member scientific committee (with display of a variety in views and opin- review the United Kingdom’s desig- three members appointed by RAI, one ions. PSM is seen as a market place nated public service broadcasters col- by the National Users Council and one where opinions and public meet. The lectively at least once every five years, by the minister), operating in accord- Dutch government attaches great in terms of their delivery of the public ance with the provisions of the con- value to the accessibility of public service purposes set out in the Act. tract, is responsible for monitoring and service media to various groups in so- Furthermore, in the United Kingdom, regular analysis (Qualitel). the BBC Trust has the duty of repre- ciety, in the form of broadcasting asso- senting the interests of licence fee ciations with membership available for One interesting example is the Aus- payers and assessing the views of the general public. Currently there are trian Audience Council, a mostly con- licence fee payers. The BBC Charter ten broadcasting associations with all sultative internal organ of ORF (yet, it further provides for an Audience together 3 250 000 members. These can lodge complaints with the regula- Council for each of the four nations broadcasting associations are respon- tor and has a temporary veto against (England, Scotland, Wales and North- sible for diversity in programming and licence fee decisions). Not only is the ern Ireland). The purpose of the Audi- opinion. However, individual member- Council composed of members taken ence Councils is to engage with ship of PSB organisations is clearly on from various societal groups, some of audiences in the nation and provide the decline, especially among the these members (six of 35) are directly feedback to the Trust, often via re- young and the migrant population. elected by the public (i.e. licence-fee payers or viewers exempted from the sponses to Trust consultations on how In Portugal , the new Public Service fee). Universities, education, the arts, well the BBC is promoting its Public Television Concession Contract estab- sports, youth, pupils, senior citizens, Purposes and how well it is serving lishes that the annual external audit disabled citizens, parents and families, licence fee payers in different parts of promoted by the Media Regulatory recognised minorities, tourism, motor- the United Kingdom. The Councils play Authority shall monitor compliance ists, consumers and organisations pro- a key role in helping the BBC Trust un- with the public service remit, transpar- tecting the environment should all be derstand the needs, interests and con- ency and proportionality of financial represented on the council. The main cerns of audiences. flows and conformity with the best governing organ, the Foundation In the Netherlands , the Algemene Re- market rules, namely as regards the ac- Council, on the other hand, unites rep- kenkamer (AR-Netherlands Court of quisition of production factors and the resentatives from the main political Audit – ! – also in pursuit of commercial profits. The actors which should have sufficient ex- English) started a once-only investiga- Media Regulatory Authority issues a pertise in media or in business, sci- tion of the PSM after a call of the Dutch global assessment on the performance ence, arts and education. Parliament. Results are expected by of the public service remit and pub- the end of 2008. The rules regarding fi- lishes any recommendations it deems In Switzerland , each regional PSM has nancing, financial reporting and trans- necessary. The new concession con- to put into place a representative and parency of the broadcasting tract also establishes criteria for evalu- consultative Audience Council. This organisations working under the um- ating the performance of the public Council shall facilitate contacts

29 Appropriate conditions required to enable public service media to discharge their remit

between the responsible people for A categorisation of the responses is diversity of content: measured by programming and viewers/listeners, as difficult to establish since the methods quantitative content analysis of televi- well as make proposals and sugges- put forward cover all available means sion and radio programmes. tions for programming. of measurement and cannot easily be In the United Kingdom , the BBC has compared. As a general tendency, all Serbia indicated that the Broadcasting an audience research panel, called the methods to establish user responses Institution of Serbia has a consultative Pulse. This is a continuous 15 000- seem to be used, such as phone and body, the Programme Board that ad- person national on-line panel which postal interviews, structured question- vocates the interest of all viewers and measures programmes amongst naires and studies. As a rule, this takes listeners. viewers against relevant core values. place at regular intervals, often once or Channel 4 also participates in the Pulse In Germany , all PSB have a broadcast- twice a year. PSM also make use of survey. Ofcom and broadcasters also ing council which, besides monitoring general media research and quantita- commission research into audience the conformity of programming with tive and qualitative content analysis is views. the remit (see point 2), acts on behalf used by PSM or public authorities. In Austria , based on a legal obligation, of the public’s interest in matters of The following examples are not meant ORF has established a quality-safe- programming decisions. The members to be exhaustive; further details and guard system including structured in- of broadcast councils are recruited additional cases can be gathered from terviews with experts as well as the from a diverse field of social groups the responses to the questionnaire public, reflecting the public’s view of and organisations, mostly represented annexed to this report. ORF. by respective functionaries/officials (e. g. trade unions, women’s association, In Germany , ZDF bases its decision In Sweden , the Swedish Broadcasting churches, parliamentary parties). The making on empiric data of media re- Commission initiated in 1998 an broadcasting council is to represent a search by way of quantitative and annual assessment of the Swedish TV representative cross-section of the qualitative research of viewers’ behav- output, a study carried out by the Insti- population. iour, including regular programme and tute for Journalism and mass communication at the Gothenburg University In Hungary , civil society organisations content analyses. Moreover the ZDF conducts image surveys among – a widely appreciated check on the can delegate members to the Board of state of the art on the Swedish TV Trustees of PSB. A comparable system viewers and uses a daily programme- level programme evaluation tool for market and on the role the PSBs play is in place in Estonia , where the public on the market. advisory board established pursuant the 18 most important broadcasters. In the Netherlands , a cornerstone of to the Estonian Public Broadcasting In Greece , ERT measures the impact of public transparency is an elaborate Act and representing interested its public services frequently using system of data collecting by the Stich- groups advises the management in large scale surveys, as well as qualita- ting Kijkonderzoek (SKO: Dutch audi- matters related to the content of pro- tive surveys. Last year’s survey placed ence research foundation grammes, as well as in the Czech Re- special emphasis on measures that 1 4 ! – also in English). Audi- public , where the PSB Councils ERT offers using digital platforms (dig- ence research offers insight and under- themselves have the task of guarding ital terrestrial services, online services, standing in the reach of programs. the public’s interest. access services for people with disabil- Results are published on a weekly ities, etc). basis and they are one of the indica- Measuring impact and quality Estonia uses multidimensional evalua- tors for the recognition of PSM. Also, Almost all respondent member states tion system, which consist of the fol- the visits to web sites of the NPO are have indicated a number of ways in lowing indicators: monitored. which the impact and quality of PSM In Portugal , in order to measure the programming and new media offer is reach: measured by people impact of public service media among measured. Only some of these are metres (TV, age 4+), diaries (radio, age consumers, RTP uses quantitative and mandated by law, whereas others are 12-74) and metrix (Internet) qualitative studies in the areas of tele- performed on a voluntary basis. Few trust towards public service vision, radio and Internet. Quantita- member states mentioned traditional broadcasting: measured by national tive studies consist of the analysis of audience measurements (such as audi- public opinion survey which is con- audiences based on data supplied by ence reach of TV programmes); it is not ducted once a year (usually in Novem- Marktest, the company that collects however to be deduced that these ber, age 15-74); data on all types of audiences in Portu- measures do not take place; rather, the gal. Based on this data, the informa- question was formulated in such a way satisfaction with the services pro- tion is processed and distributed as to point more towards other instru- vided by PSM: measured by national internally and externally as necessary. ments that permit to measure audi- public opinion survey which is con- These analyses contribute to the eval- ence satisfaction, quality and usage of ducted once a year (usually in Novem- uation of the performance of the chan- new media services. ber, age 15-74); nels, among target audiences, in the

30 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

context of the market, in compliance ethics and journalistic good practice garding the objectives and means of with obligations of shares of public aspects. This is the case in Estonia and France Télévisions, the improvement service programming. Regarding the Czech Republic . of relationship with the viewers is stip- mobile offer, audience research has France and Spain have pointed out ulated as one of the main objectives: not been developed in the same way very specific examples of “audience Reinforcing the dialogue be- as that of television and radio. How- ombudspersons”. tween the channels of France Télé- ever, mobile phone operators supply visions and the viewers unofficial information that allows for In France , the function of some conclusions to be taken. ombudspersons ( médiateurs ) was insti- Placing the viewers to the core of tuted in 1998. The ombudspersons re- the public television In Spain , RTVE is making a study of its sponsible for the programming and television guides to determine the Improving the perception of serv- newsrooms play an essential role in ices delivered in a relationship “off air” “social value” of its content. The annual the public dialogue and debate: they time dedicated to “social utility” are an interface and a link between the In order to reach these objectives, content is determined in an analytic channels and the viewers. Their statute France Télévisions has reinforced its re- way. It is then treated in a statistical ensures the independence necessary lations with the public by deploying a process to quantify the “commercial for their missions. As from June 2002, number of services prompting dia- value” of that content. RTVE’s market- when an ombudspersons’ office was logue between the viewers and the ing area is elaborating a News Product set up, their means and missions have channels. Acceptance Panel. This is an annual been widened. Procedures for regional In Spain, RTVE has a mechanism called study of an external nature which has ombudspersons are under way, under Defensora del Espectador (Defender of 12 monthly deliveries, about the the aegis of regional directors of the Viewer, Listener and interactive image of the daily bulletins of private France 3. media). At the website and public channels. This study will Appointed for 3 years and subordi- " citizens are given various oppor- permit a swift, dynamic reaction to the tunities for making complaints, claims information about the position of the nated directly to the directors of France Télévisions, the or suggestions. This can be done by different products of the television sta- post, e-mail or fax, and today RTVE is tion. ombudspersons enjoy a special status ensuring the independence necessary setting up an automatic call network. RTVE also has an “Acceptance Panel”. for their missions. In addition, the Defender is in contact The purpose of this study is to know with the Communication Users Associ- France Télévisions has five ombuds- how viewers value the programmes ations in order to be aware of citizens' persons. They are seized either directly broadcast on the different channels. It interests and concerns. by the viewers or via the services re- also measures how viewers assess the sponsible for the relations with the On RTVE's website, all the television channels, genres, presenters or any viewers. They may also be seized inter- and radio programmes have an e-mail special event. It is a twofold investiga- nally by the President of France Télévi- address to which citizens can send tion: quantitative (who the viewers of a sions, the Directors General of the their observations direct to the programme are) and qualitative (it col- channels or the Directors responsible persons in charge of those pro- lects viewers’ assessments). It is a for information. grammes. There is also a section “Con- weekly survey, and the panellists are tact” which links citizens to a page contacted weekly by an independent After an investigation, the giving the answers to the most fre- investigation institute. This permits ombudspersons communicate their quently asked questions, and where TVE to remain anonymous and guar- opinions to the parties concerned and any kind of questions can be asked by antees the reliability and the absence decide, if appropriate, to publish these e-mail. of bias in the answers of all those who opinions, notably on the internet. At are polled. RTVE carries out Branding the same time, they immediately com- In Portugal , two ombudsmen, one for Studios in which one of the most municate to the Legal Directorate the the listener and another for the viewer, valued points is the evaluation of the dossiers that might entail procedures. are responsible for receiving and as- fulfilment of public service. RTVE also They may also intervene publicly on sessing complaints and suggestions takes an active part in different forums air. from listeners and viewers on the contents broadcasted; for issuing declara- about development and support of Finally, L'Hebdo du médiateur (every media investigation in Spain. tions on the complaints and Saturday on France 2) and the pro- suggestions received from listeners gramme Votre Télé (one Sunday per and viewers; for investigating and con- Other action and self-regulatory month) are opportunities to communi- cluding on the criteria and methods measures cate with the viewers on air (see used in the preparation and presenta- Some member states have imple- ! ). tion of programmes and information; mented ethics advisers, which have an The services responsible for relations for conveying to the listeners and advisory nature and observe the oper- with the viewers : Among diverse com- viewers their opinions on the contents ations of the PSM under professional mitments included in the contract re- broadcasted; for producing a weekly

31 Appropriate conditions required to enable public service media to discharge their remit

programme and for drawing up an ERT to maintain accountability to responsibilities to viewers and listen- annual report on their activities. viewers/listeners/users and in line with ers, plurality in discussion pro- the corporate responsibility princi- grammes, respect for privacy and In Greece , ERT operates the Centre of ples. In the Czech Republic , self-regu- others. Communication with the Public (CCP). latory codes established by the TV and This is a self-regulatory action taken by the Radio PSB include topics such as

The public service remit in the information society: implementation in practice

Introduction – audiovisual archives, where use is radio programmes, streaming and The following part of this report is made of the internet to make TV pro- downloading of selected TV pro- meant as an illustration for the analysis ductions accessible after (or some- grammes such as news. and good practice examples that times before) the date of broadcast precede it and thus concludes the and in many cases open the extensive Bulgaria TV archives of PSM to public usage; report. It provides the link from the The Bulgarian National Radio has a more theoretical parts above to the re- Mobile services ranging from website ( # ), where it alities of PSM offerings on new or SMS-based services (such as news posts current national, regional and in- renewed platforms. services) to specific mobile TV offer. ternational news and general informa- The first part consists of general infor- Of course, this list is not exhaustive tion about BNR itself, as well as text, mation on the “new services” offered and a wealth of new offers is to be ex- audio and video files (in the form of by PSM as part of their remit, as has pected in the next years. podcasts) of interviews, reports on been identified from the responses by At a very general level, it can be special events, etc. Also all the nine member states to the Council of noticed that most PSBs now have an channels of the BNR – Horizont (news Europe questionnaire. Following that, Internet presence: Internet websites and current affairs), Hristo Botev (cul- some new services the working group with national and international news, ture and education), Radio Bulgaria considers interesting and innovative news and general information about (international programmes in 11 lan- are described in more detail in a Good the companies, and often online guages) and the six regional radio sta- Practice overview. streaming of programmes (e.g. Austria, tions can be listened to via the radio’s Bulgaria, Cyprus, Czech Republic, Den- website as online streaming, and some mark, Greece, Latvia, Lithuania, Mol- programmes are available as video Overview of the implementation dova, Netherlands, Poland, Sweden, streaming. of the remit in practice Turkey, Ukraine). Some countries have The Bulgarian National Television de- In general, different situations of the more advanced additional services: veloped and put into operation its usage of the new communications mobile services and/or podcasting website in 1997. Currently it offers technologies can be observed: services (relevant to programming three websites, integrated into a Additional digital channels (via under the PSB remit) are, for instance, common internet portal and featuring different means of distribution, includ- offered in Austria, Denmark, Finland, news, sports and programme details. ing in some cases only by web-stream- Portugal, United Kingdom, and Video The majority of BNT shows are fea- ing): In many countries, taking on Demand (VOD) in Austria, Nether- tured on the website with video advantage of the spectrum freed by lands, Poland, United Kingdom. Digital archive and text files. Apart from this, digital switchover, additional digital TV archives are also an important new the BNT portal provides links to sites channels have been created, usually service provided by several PSBs (for which cover different initiatives and with a specialised content (informa- example Cyprus, Czech Radio, Finland, events, involving the BNT – tion, children, etc); Portugal). # , # # , Not all of these offers are part of the re- # , Web-streaming of TV and radio spective PSM’s public service remit; # # , programmes via the Internet rather, they are sometimes offered on # . The BNT web portal provides Online services such as: commercial terms. streaming of soccer matches and of important national events. – text-based information, Austria – interactive services, ORF offers services such as internet, Croatia – audiovisual production specifically mobile services (some SMS services, The HRT was one of the “early birds” of prepared for online usage, e.g. news), podcasting, streaming of the Internet in Croatia, as the first web

32 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

site was launched in 1993 and the first Denmark There is a fee carried for the services by video stream offered on the Internet in the telecommunications operators. DR applies all relevant technological 1995. During the war (1991/1995) platforms (including the internet, In autumn of 2006, a new YLE learning attracted a significant mobile services, podcasting etc.) in online service was built up and Eurovi- number of visitors but since then site order to offer public service content sion pages were set up. YLE Teletext re- has become less popular. meeting cultural, social and demo- mained the most popular of the The HRT is the leader in technological cratic needs in the Danish society. teletext services. Regional new pages innovations of the electronic media in were a new feature in 2006. Croatia. HDTV trial has been launched Finland Digital television makes it possible to recently, radio on demand streaming provide new special services to suit services are in production, video on As outlined in Yleisradio Oy’s annual Yleisradio Oy’s public service role, e.g. mobile and other activities in this field report 2006, new services of the in text format. The subtitling service are all led by the HRT. company include internet, broadband for the hard-of-hearing is now done in and mobile services and teletext. Sup- DVB, which allows programmes to be Cyprus plementary digital television services saved with subtitles for the hard-of- for the visually impaired and hard-of- hearing. Another new feature is voice hearing are examples of other new Internet subtitling implemented in collabora- services. Yleisradio Oy’s objective is to tion with the Finnish Federation of the The PSB is re-broadcasting its pro- supply in future a variety of search and visually impaired. grammes through internet so that ex- order services in the broadband networks. patriates living abroad get to see/ France listen to its programmes. Internet has become an increasingly On 1 October 2007, ARTE launched its important form of service providing service « ARTE +7 » ( Digital archives possibilities for participation and inter- ), an Internet archive of TV broad- PSB’s remit includes serving the soci- action, such as discussion and ideas casts where certain programmes (doc- ety’s social and historical needs. Using from the audience. Questions and umentaries, fiction, magazines) can be digital technology and techniques feedback are an essential part of tele- watched for free in the seven days makes it possible for the PSB to its ar- vision and radio programmes. after their first broadcast. This offer chives, make them available and The YLE Living Archive opened in Sep- therefore complements ARTE’s video- exploit them. tember 2006 and consists of record- on-demand offer ( ), ings of Yleisradio Oy’s radio, television in which the public can select pro- Czech Republic and photograph archives and of film grammes for hire or for sale. material purchased from film compa- Czech television offers two new televi- The “France Télévisions” group has nies. The archives comprise film and sion services which are streamed and launched a service called “France radio material and also thousands of broadcast on the digital terrestrial TVOD” ( ), a plat- photographs and over two thousand platform. It is also possible to stream form where programmes from the background articles. Living Archive is a and download certain programmes of various channels of the group can be responsive service that provides its the own production for free. The latest accessed and fictional or documentary users with material that supplements innovation of Czech television is programmes as well as films can be and illuminates current events and “Videopujcovna”. The service is paid bought or hired. phenomena. and based on providing already “Radio France” has introduced a pod- streamed programmes (movies, docu- Broadband services in sports events casting service where listeners can put mentary films, etc.) that can not be ac- such as the Turin Winter Olympics ren- together their “ideal radio” by select- cessible for free due to the copyright dered other programme output more ing programming of the national fee. Each programme can be evaluated diverse. Video snippets of perform- public service radios (France Info, by the public to provide the public ances were provided via broadband, France Inter – a generalist radio sta- service media necessary feedback. and Yleisradio Oy also carried the Turin tion, France Musique, France Cul- Games Europe-wide on mobile televi- turelle, Le Mouv’ – a youth radio). This Czech Radio has developed a sophisti- sion in the 3G network. In the video- is a free offer accessible via cated, educative and interactive web- blog pilot on Jyväskylä Great Drive . site. Apart from the analogue services Rally Radio, event coverage was diver- which are also available via internet it sified on the internet and a community has developed four new channels Greece service linking in with it was created. which are streamed on the internet ERT has its own Internet site, but for and broadcast on a digital terrestrial Yleisradio Oy continues to further the moment is not active in mobile platform too. Czech Radio provides its develop its mobile services such as services etc., as there is not yet the archive in the form of podcasting. broadcasting the important news. legal framework for these services.

33 Appropriate conditions required to enable public service media to discharge their remit

Latvia information about programmes and text, Traffic, Weather and Stock Ex- PSBs broadcast over the internet. VOD on their sites. change Information services, and Latvian Television has plans to in- Nearly all local public broadcast- access services to job offers. Also, new crease the number of channels once ers offer Internet sites and information state-owned PSB mobile television 11 DTV is introduced. about programs, some with VOD. services have been launched. The public broadcaster is about to Lithuania start offering mobile services. Sweden LRT has its internet page, provides broadcasting of radio programmes Poland The public service companies have online ( ) and via satellite. The new “flagship” service of the PSB is their own websites where the public There are plans to start broadcasting ipTV – consisting of streaming on the can use the new digital services, for TV programmes on IPTV network. Internet of TVP (public television) pro- example listen to web-based radio gramme service as well as on demand channels and view programmes after Moldova service enabling users to watch their they have been broadcast. The same favourite programmes on the Internet. principles for funding and the same Moldova’s PSB is using IP-Audio tech- general guidelines for the content nology and it broadcasts its pro- Portugal apply to new services as traditional grammes on the Internet. Its mobile and Internet network is developing in The public service broadcaster website broadcasts. This means that the com- full swing. But that refers mainly to the ( ) offers several new panies have a special responsibility to radio public service. services, such as downloading or guarantee that websites and other streaming real-time radio or television platforms are free from commercial messages and follow the guidelines Netherlands contents, downloading on demand radio or television archive pro- that are the core of the remit. See also Websites: grammes and podcasting radio pro- answers to questions 7 and 9 below ##. serves as a portal to the public services grammes. Other services offered by For more detailed information on the and offers access to the individual con- the public service broadcaster include new services used by the public tents of the different broadcasting or- RTP Mobile, a daily 24 hours specific service companies, see links: ganisations. This website is very television channel for mobile plat- ; ; . successful and is being used on a large forms. scale. The aim is to further explore the Some public service contents can also possibilities of and limitations to this Switzerland multimedia tool. In the next few years, be accessed by WAP (Wireless Applica- tion Protocol) compatible mobile public broadcasters aim to further pro- Various programmes are accessible on devices. fessionalise their websites. the German-language TV SF’s internet SMS services include information on Electronic Programme Guides: in- site, the French-language TV TSR’s radio and television programme list- dependently as well as in co-operation Internet site and the Italian-language ings, as well as other, more personal- with third parties, EPGs have been de- TV TSI’s internet site and can be ised, services. The public can also use veloped. watched one hour after being broad- SMS or e-mails to interact with certain cast, including news programmes and Thematic digital channels: radio programmes. radio programmes. Podcasts are also and television channels by Internet. available. Discussion forums are also Via a special website, “Nederland 4”, a Spain offered; TSR and SF produce a news wide range of thematic channels is The law attributes the management of journal specifically designed for available. $ offers public radio and television service to mobile phones and which is con- channels with all sorts of thematic the RTVE Corporation, and to such stantly actualised. There is another in- subjects, e.g. on history, consumer purpose, among others, it shall matters, talent development, religion, ternet media, Swissinfo, which is a promote digital and multimedia crea- health etc. A variety of radio pro- public service media enterprise. Its tion, that is, high-quality interactive grammes and podcasts is also offered role is to inform Swiss living abroad and multimedia services for every- on this site or the sites of the individual about events in their homeland and to body. programmes or broadcasters. raise awareness of Switzerland in other DTT as a support of public service countries. Swissinfo achieves this % ## interactive applications is used by the through its nine-language internet (“missed a programme”) offers VOD state-owned PSB (and in some cases, news and its information platform. 12 programs of the national public broad- by regional televisions), for services caster. currently available for the citizens, 11. ! & . 12. For more information see: ; All regional public broadcasting such as Electronic Programming ; ; ; organisations offer Internet sites and Guides (EPG), advanced Digital Tele- ; ; .

34 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Turkey Freesat content by United Kingdom-based The BBC and partners are currently de- Internet users, for use up to 7 days In line with the relevant decisions of veloping a new service, a guaranteed after broadcast. The iPlayer received the Communications High Board free-to-view satellite proposition the approval of the BBC Trust on (HYK), DVB-T test broadcasts have called Freesat. Freesat is expected to 30 April 2007 and was launched on been started as of 2 February 2006 in offer up to 300 TV and radio channels - 25 December 2007. three main cities, Ankara, Izmir and Is- compared with around 75 that are cur- tanbul; and DVB-T coverage and rently available through Freeview. This 4oD mobile reception tests are still being is a non-commercial venture for the Launched towards the end of 2006 by carried out. The work on spreading BBC and the new company would Channel 4, 4oD stands for “4 on De- DVB-T to 13 cities in line with HYK deci- operate on a not-for-profit basis and mand”, a service which allows some sions are going on. Studies are also enable more households to view a Internet users to view programming wider range of channels. being done on the research project on recently shown on Channel 4, E4 or interactive broadband applications. More4, or from their archives. The iPlayer Test project on the web-casting of the cable version is operated through an current TRT broadcasts has been sus- The BBC is currently developing its appropriate set top box whilst the tained in the last years. At the end of iPlayer (formerly known as iMP – Inter- Internet variant requires the installa- the year 2006, tests on podcasting and active Media Player). The iPlayer is a tion of a free piece of software, which RSS have been started. computer program being developed allows users to download the pro- by the BBC to replace and extend its grammes to a computer for viewing. existing RealPlayer-based “Radio United Kingdom Player” and other streamed content. 4Radio The service, which has been under de- There have been a variety of new serv- velopment since 2003, incorporates a In June 2006 Channel 4 launched a ices offered by public service media media player, an electronic pro- wide range of exclusive on demand providers to enable further household gramme guide (EPG) and specially de- shows. Their programming is currently reach and new developments, includ- signed download client, and will allow accessible as downloads or streamed ing: the download of both TV and radio on-line from their website.

Good practice examples The following examples have been is easily accessible at P2 Kurér (Courier) programme. In 2006 chosen because they are considered . The programme is offered for more than thirty of NRK’s regular radio characteristic of the new services that free, nevertheless the mobile tele- programmes were available for down- can be and are offered by PSM, making phone operator could charge for the loading free of charge to MP3 players use of the advantages of new communi- connection. At the moment, one TV and computers. This offering has cation technologies and at the same channel (canal 24), various radio emis- become extremely popular, and usage time building on and expanding the tra- sions (from channel RNE) and one reached new heights in Decem- ditional strength of public service media. news update are available. In the next ber 2006, when over 90 000 unique These examples are not to be seen as months, the offer shall be expanded. users visited NRK’s podcast site and giving a complete picture of what is hap- When accessing the site, the customer downloaded 590 000 clips. One of the pening in the European PSM landscape is supposed to be guided through the most popular podcasts last year was nor does the selection carry the connection procedure in a very com- the language programme Språkteigen meaning that other offers are not con- prehensible and user-friendly way. on P2: . sidered commendable. Quite the con- trary, there exists an infinite number of “Untouched” is a website edited by NRK-P2’s language programme, new media offers that bring with them a NRK’s youth radio channel at Norway real bonus in terms of accomplishing . (See Screenshot 3, page 37.) It is mainly for user-generated content, PSMs’ mission. See Screenshot 2, page 36 and younger Norwegian amateur mu- NRK P2 is a cultural radio station of the sicians can upload their work and RTVE’s multimedia offer, Spain Norwegian public broadcaster NRK. make it available for a broader audi- Cultural material makes up most of the ence. The audience can vote for the See Screenshot 1, page 36 programmes offered, which consist of best song/performance of the week RTVE offers the possibility to watch news, debate programmes, analyses and the winner’s work is broadcast in a television programmes for free via and social commentary. NRK started radio programme. Some of the musi- mobile telephone. The live streaming podcasting in September 2005 with its cians have obtained agreements with

35 Appropriate conditions required to enable public service media to discharge their remit

Screenshot 1. RTVE’s multimedia offer, Spain

Screenshot 2. NRK-P2’s language programme, Norway

phonogram producers based on the sive multimedia content. Viewers are ing to the categories Best of the Week, publication of their work on “Un- given the opportunity to review in- New Videos and Top 50. Furthermore, touched”. house productions, call up the latest an audiovisual portal with more than news, find out about the weather fore- 20 channels and a video on-demand Télévision Suisse Romande’s cast and forthcoming television pro- platform is available. Newscast con- multimedia offering grammes, read specific station-related cerning major events is currently notes and even take part in competi- being put online and the video on- See Screenshot 4, page 37 tions or discussion forums that are demand pool is continuously being Télévision Suisse Romande (TSR) is a held in connection with TSR pro- updated after the programmes emis- French-language channel of the Swiss grammes or events. An important part sion. German- and Italian-language public service broadcaster SRG SSR. Its of the site is dedicated to Video à la Swiss Public Service TV has a similar offering is complemented by exten- carte, which provides for videos relat- offer.

36 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Screenshot 3. “Untouched”, a website edited by NRK’s youth radio channel

Screenshot 4. Télévision Suisse Ro- mande’s multimedia offering

La Chaîne Parlementaire et Public day, in the afternoons on France 3. On DR’s web radio offering, Denmark Sénat, France 8 February 2000 the channel started broadcasting activity from the Senate See Screenshot 6, page 38 See Screenshot 5, page 38 of France. The channel broadcasts 24 DR, Denmark’s national broadcasting La Chaîne parlementaire is a French hours from the Assembly followed by corporation, runs four nationwide FM public service television network re- 24 hours from the Senate in a pre-ar- radio stations, 15 Digital Audio Broad- sponsible for broadcasting activity ranged order. On 31 March 2005, the cast (DAB) stations and 13 additional from the National Assembly of France channel obtained its own TNT fre- web radio channels, plus three televi- and the Senate of France. It is available quency. The channel provides for sion channels and an extensive web- through digital terrestrial television online videos of the debates, too, site, a version of which is accessible via “TNT”. It was created in 1999 on the which are available in the categories mobile phone. As to the 13 web radio request of the National Assembly of “Videos relating to the different pro- channels, they all play Danish and in- France. It started by broadcasting grammes”, “Most frequently watched ternational music in the following cat- twice a week, Tuesday and Wednes- videos” and “What’s currently on”. egories:

37 Appropriate conditions required to enable public service media to discharge their remit

Screenshot 5. La Chaîne Parlementaire et Public Sénat, France

Screenshot 6. DR’s web radio offering, Denmark

DR Allegro – popular classical DR Modern Rock - modern rock CT24’s multiplex platform, Czech music, film music, musicals, operetta DR R&B – R&B, soul Republic DR Barometer – alt-rock and indie DR Soft – soft pop See Screenshot 7, page 39 DR Country – country music DR Spillemand – Danish, Nordic, CT24 is one of the 4 channels of the DR Dansktop – popular music and and Irish/Scottish/English folk music Czech public service broadcaster schlagers DR World – world music Česká televize. CT24 is a news pro- DR Electronica – electronica gramme, which broadcasts continually latest news with live material which is DR Evergreen - evergreens updated every hour. The content DR Folk – folk music covers extended economic and cul- DR Hip Hop – hiphop from under- tural news, discussions, magazines, ground to mainstream economic overviews etc. The DVB-T

38 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Screenshot 7. CT24’s multiplex platform, Czech Republic

public service multiplex is still under ZDF Mediathek ZDFvision: digital distribution construction, but once it is brought offers supplementary services 4 56" into full operation, the programme ZDF has been operating its own digital offer of traditional TV channels will be The “Mediathek” established by ZDF, bouquet of channels since 1997. ZDF- supplemented by additional services – one of Germany’s Public Service vision is broadcast via satellite (ASTRA textual information, charts, maps, dic- Broadcasters, is an Online Video 1H) and cable, and carries the main tionaries, practical information de- Archive putting a substantial amount channel ZDF, the partner channels 3sat signed to help the viewers in of material that has already been and Ki.KA, the two partner radio chan- emergencies and other stress situa- broadcasted to the disposition of nels Deutschlandfunk and Deutsch- tions, but also a special verbal descrip- viewers. The material dates back more landradio Kultur, as well as, among tion of visual scenes for the blind etc. than one year; a lot of recent material others, a digital-only thematic channel The programme is accompanied by is available so that users can watch/ focused on culture: ZDFtheaterkanal the additional services at the web listen to emissions they have missed at offers an electronic stage, providing a pages of the broadcaster. At the the moment of broadcasting. space for the performance of drama, moment, the offering includes: dance, concerts, opera and cabaret. Additionally, a substantial number of Videos of current political and For further information (in English) live-streams is available as well as a social events relating to the categories about ZDF vision: % limited number of “web-first”-broad- Domestic Policy, Foreign Policy, Sports, &' ( ) (**) ( casts. Podcasts are also available. Users Culture, Entertainment, Economy. *) +( . can choose different media players; A chat forum offering visitors the various formats are available in order possibility to debate on current politi- to ensure maximum flexibility of use ZDFonline services: Children’s web cal issues (e.g. higher quality for good Internet page A poll section where visitors can connections, lower quality for slower At the German children’s media festi- vote on a current topic. connections). val Goldener Spatz (Golden Sparrow) A huge archive of older video which takes place every year in Gera The “Mediathek” serves as the central casts and Erfurt, the ZDF children’s web ZDF platform for the distribution of au- A weather forecast. page has won the diovisual content on ZDF; the main award “Goldener Webspatz”. The web ZDF page contains a significant page is aimed at chil- number of links to Mediathek offers. A dren aged seven to twelve. search functions as well as thematic The ZDF web presence , sub-pages enable easy navigation for which is most suitable for children, im- users. pressed the jury with its content, Other noteworthy offers by ZDF: design, navigation, high security, the

39 Appropriate conditions required to enable public service media to discharge their remit

possibility of actively taking part and the absence of advertising.

Screenshot 8. ORF’s website, Austria

ORF, Austria the most important news which are tened to free of charge by users of the presented in an objective and informa- site. tive, yet easy to understand manner. See Screenshot 8, page 40 The offer thus provides quality news Netherlands Public Broadcasting The Austrian Broadcaster’s main Inter- also to those users who, for various children’s site Z@ppelin net site is a good reasons, might never visit the home 4 !! example of a “static” Internet presence page of quality newspapers. It is there- See Screenshot 10, page 41 of a PSM organisation. Its main focus is fore a good example of a PSM offer the provision of classical information; that strives to promote social cohesion Z@ppelin is a TV youth channel but recently, more and more multimedia and to serve all parts of society. also has an extensive internet pres- offers (streaming, archive of news pro- ence. grammes) have been added to the One of ORF’s radio stations, FM4, a web offer. service specifically directed at a young, Multimedia Meets Radio Project The main page gives an overview of alternative audience, has a very so- Multimedia Meets Radio is an annual the most important international and phisticated web-presence. See Screen- conference that looks at best practices national news. Additional pages shot 9, page 41. Among many offers, it in the use of new technology to attract contain regional news. Specific sub- is worthy to note the FM4 sound-park a younger, more “tech savvy” audience sites offer information e.g. on sports, ( $ ), a platform to radio. It brings to the attention of culture, science, technologies and reli- where young musicians and bands can EBU Members the very best ideas on gion. These pages enable users to provide information on themselves New Media, including the Internet and gather a comprehensive overview of and upload music that can then be lis- services to mobile equipment.

40 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

Screenshot 9. One of ORF’s radio stations, FM4

Screenshot 10. Netherlands Public Broad- casting children’s site Z@ppelin

41 Appropriate conditions required to enable public service media to discharge their remit

The focus is very much on storytelling an entirely non-profit collaboration recordings of top acts are offered to and interactivity. Producers and jour- with a strong public service dimen- Eurosonic Members free of charge. In nalists not only present projects but sion. Eurosonic comprises over 70 sta- 2005, the Coldplay concert was also discuss common challenges and tions with a pool of 500 million relayed by 38 Eurosonic Members, opportunities. Topics dealt with at potential listeners. Every major name reaching a pool of millions of listeners MMR include Web 2.0, podcasting, in music radio is part of the Eurosonic in Europe. In 2003, Radiohead’s live blogging, social networking, peer-to- Partnership, from RUV RAS-2 in Iceland concert recording from Montreux was peer distribution and user-generated to VRT Studio Brussel, from BBC acquired by the Eurosonic network content. Typical participants include Radio 1 to Radio France. Over 500 Eu- and was aired by 28 radio channels. content-makers, journalists, editors, rosonic concerts and music pro- Eurosonic provides a perfect opportu- New Media managers, programme di- grammes are offered/exchanged each nity to promote new talent and new rectors, engineers, analysts, podcast- year. The EBU Radio Department co- ideas in music through the broadcast ers, Webcasters and bloggers. ordinates these mutual and reciprocal of music events to its large network, One of the most interesting aspects of offers. thereby offering exceptionally wide MMR is that the conversation takes Negotiating rights: Eurosonic negoti- exposure to Europe’s contemporary place not only in the conference room ates radio rights for its network of musicians. Many celebrities have but also online. The participants’ blog, members for the transmission of major started their international careers twitter, take photographs and make events, such as the Sonar and Benicas- thanks to the Eurosonic partnership in- videos not for themselves but to share sim Festivals (Spain), Hove Festival cluding the following: The Dø, Ojos de on social networking sites such as (Norway), Paléo and Montreux Festi- Brujos, Mando Diao, Kings of Conven- Flickr and YouTube. vals (Switzerland), Transmusicales ience, Sunday Drivers, Beatsteaks, MMR gives participants an opportu- (France) and many others. The Group Ghinzu and Under Byen. nity to exchange experiences at a time has acquired free broadcasting rights when media paradigms are shifting. for artists like Coldplay, Peter Gabriel, Eurosonic Festival : The Eurosonic Festi- Social websites, collaborative software Ben Harper, Cat Power, Amy Wine- val is the most extensive and progres- and other technology harnessing the house and many other major interna- sive showcase festival in Europe. It is power of users have already trans- tional names. In order to do so, held each year in Groningen (the Neth- formed the landscape. Broadcasters Eurosonic develops a close working re- erlands) in Janu ary, with many Euro- attend MMR because they recognize lationship with artists and recording pean countries taking part. The festival that they are not immune to these companies such as EMI United attracts over 2,000 music professionals trends and can learn from one another. Kingdom for Coldplay and Radiohead from all over Europe, including repre- Further information about MMR: and more recently with Because sentatives of over 100 European live !*, Records for Manu Chao and Warner for music festivals, and it features a pro- ; New Order and Gnarls Barkley. gramme of over 250 bands and acts ! ! ' -(./ . Promoting new live music and new from all over Europe. Many of the Eu- talent : Eurosonic brings music to Euro- rosonic partners select one of their Eurosonic pean audiences by giving fans free own new bands to perform at the Fes- Free access to music and live events : access to outstanding music acts, tival, where the live show is recorded Eurosonic is the world’s largest concert major festivals and shows across and broadcast on the EBU network, arena for rock, pop, dance and world Europe. Eurosonic’s aim is to offer reaching an audience of millions of lis- music artists. It is a unique network of more live music, more major festivals, teners. EBU radio stations which exchange more interviews and exclusive presen- and broadcast the best of their live tations to a growing number of listen- More information is available on music recordings, on a free basis. It is ers across Europe. The live music .

Conclusions This report has addressed various and and on transparency and accountabil- Concerning the remit of PSM , Recom- diverse issues related to the conditions ity. All those factors have, as can be mendation (2007) 3 makes it clear that that PSM need in order to being able gathered from the report, changed tre- it should be extended to significant to fulfil their remit in the context of the mendously with the recent technolog- new platforms in order to enable PSM information society. Among those ical changes and the related changes to reach its audience and therefore to many conditions, the report has fo- in the media landscape. The report has fulfil its tasks on them as well and cussed on the definition of the remit of highlighted some of these changes avoiding a situation where PSM PSM in the digital age, on the neces- and above all the challenges to PSM remain stuck in traditional broadcast- sary technical and financial conditions that have come from them. ing while their audience is moving

42 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

away. The report shows that an ever in- Regarding financial conditions , adoption of common technology creasing number of member states member states have to guarantee that standards across Europe for digital tel- have indeed adapted the remit in the public service broadcasters will receive evision and radio. Most States take way recommended, including new the financial means necessary to carry very little part today in standardization digital TV and radio channels as well as out their remit. The independence of studies, which are consequently frag- internet services (both streaming and the PSM requires financial independ- menting, and this is not in Europe’s in- others) and, in some cases, mobile ence, which includes a guarantee of terests. services. continuity of service, adaptation to the As broadband delivery is likely to have However, it seems that there is not yet new needs of society and to the new equal public reach to broadcasting in a consensus on the way in which to media environment, as well as the ca- the next decade, public service media define this new remit, although both pacity to plan activities in the long must be equipped with the technol- the remit itself and the procedure term. Consequently, specific attention ogy to provide this. A diverse picture leading to its definition seems to be should be drawn to the risk of under- emerges today across Europe for these getting more complex as well as more compensation as well as over-com- means. pensation. The assessment of the differentiated in many countries. The To guarantee the public’s access to needs of the public service broadcast- traditional way of remit definition con- public service media, the application ers should be based on objective crite- sisting in defining a number of radio of must-carry rules may be considered, ria and should be fixed after and TV channels and having a very beyond traditional cable television consultation with them. Nevertheless, broadly defined remit does not work networks, for other “closed” networks, the report shows that, while the Euro- anymore, since both online and in where all media services are provided/ pean Union’s rules on State aid provide digital broadcasting, there are little or controlled by the service/network op- effective safeguards against over-com- no capacity limitations, and at least for erator. With respect to “open” net- pensation, as far as EU/EEA Member non-linear online services, a quantita- works such as the open Internet States are concerned, few of them tive limitation is difficult to achieve. (where there is open access and where have established mechanisms to Also, given the very different possibili- media services are provided/control- ensure that the public service broad- ties to make use of online and mobile led by the media service providers casters are not under-funded. services – especially compared to tra- themselves), “net neutrality” principles ditional broadcasting – it is difficult for Concerning technical conditions , can play an important role in facilitat- member states to precisely define broadcasting is, and will remain, an im- ing the public’s access to both linear what PSM should do on these plat- portant pillar of public service media, and non-linear services. and public services will need a number forms; they also risk stifling innovatory The report has shown that member of technical elements to fulfil their mis- content if they get too precise. states and PSM themselves still mostly sion. There is a wide variation across On the other hand, it is clear that com- adhere to traditional mechanisms to European States in the evaluation of petition issues, which in the case of EU ensure transparency and accountabil- necessary technical conditions, which member states are pursued by the ity of PSM , most importantly the use of suggests that future studies should be European Commission based on com- governing structures to achieve this made to agree common conceptions. plaints from private competitors, are goals. It has, however, to be noticed, pushing member states into further The necessary technical elements that other transparency requirements, detailing their PSMs’ remit, and so is include adequate terrestrial frequency in particular regular reporting by PSM the fact that so much content is on spectrum both for their current serv- and regular controls by external regu- offer on the new media platforms that ices and for future services, such as lators are clearly on the increase. This the public increasingly questions PSM’ high definition television. The transi- can also be traced back to the need for special status and the financial contri- tion to HDTV is inevitable, and public enhanced legitimacy for PSM in the bution of fee or tax payers to its opera- service broadcasters should not be new media environment (since the tions, thus raising the necessity for constrained by yesterday’s technology. offer of content on the internet from member states and PSM to legitimise Another critical element needed to other sources is so large, PSM must what PSM is doing and therefore con- ensure the lowest costs and maximum constantly justify their special status) cretise its remit. choice for viewers and listeners is the and to competition law pressures.

Appendix 1. Recommendation Rec (2007) 3

Recommendation Rec (2007) 3 of information society meeting of the Ministers’ Deputies the Committee of Ministers to The Committee of Ministers, under the member states on the remit of Adopted by the Committee of Minis- terms of Article 15. b of the Statute of public service media in the ters on 31 January 2007 at the 985th the Council of Europe,

43 Appropriate conditions required to enable public service media to discharge their remit

Considering that the aim of the Bearing in mind the political docu- of their communication needs, at the Council of Europe is to achieve a ments adopted at the 7th European expense of traditional media; greater unity between its members for Ministerial Conference on Mass Media Convinced therefore that the public the purpose of safeguarding and real- Policy (Kyiv, March 2005) and, more service remit is all the more relevant in ising the ideals and principles that are particularly, the objective set out in the information society and that it can their common heritage; the Action Plan to examine how the be discharged by public service organ- public service remit should, as appro- Recalling the commitment of member isations via diverse platforms and an priate, be developed and adapted by states to the fundamental right to offer of various services, resulting in member states to suit the new digital freedom of expression and informa- the emergence of public service environment; tion, as guaranteed by Article 10 of the media, which, for the purpose of this Convention for the Protection of Recalling the UNESCO Convention on recommendation, does not include Human Rights and Fundamental the protection and promotion of the print media; diversity of cultural expressions (Octo- Freedoms; Recognising the continued full legiti- ber 2005), which attaches considera- Recalling the importance for demo- macy and the specific objectives of ble importance to, inter alia, the cratic societies of a wide variety of in- public service media in the informa- creation of conditions conducive to di- dependent and autonomous media, tion society; versity of the media including through able to reflect the diversity of ideas public service broadcasting; Persuaded that, while paying attention and opinions, and that new informa- to market and competition questions, Conscious of the need to safeguard tion and communication techniques the common interest requires that the fundamental objectives of the and services must be effectively used public service media be provided with public interest in the information soci- to broaden the scope of freedom of adequate funds for the fulfilment of ety, including freedom of expression expression, as stated in its Declaration the public service remit as conferred and access to information, media plu- on the freedom of expression and in- on them; formation (April 1982); ralism, cultural diversity, and the protection of minors and human dignity, Recognising the right of member Bearing in mind Resolution No. 1 on in conformity with the Council of states to define the remits of individual the future of public service broadcast- Europe standards and norms; public service media in accordance ing adopted at the 4th European Min- with their own national circumstances; isterial Conference on Mass Media Underlining the specific role of public Policy (Prague, December 1994); service broadcasting, which is to Acknowledging that the remits of indi- promote the values of democratic so- vidual public service media may vary Recalling its Recommendation No. R cieties, in particular respect for human within each member state, and that (96) 10 on the guarantee of the inde- rights, cultures and political pluralism; these remits may not necessarily pendence of public service broadcast- and with regard to its goal of offering a include all the principles set out in this ing and its Recommendation Rec wide choice of programmes and serv- recommendation, (2003) 9 on measures to promote the ices to all sectors of the public, pro- democratic and social contribution of Recommends that the governments of moting social cohesion, cultural member states: digital broadcasting, as well as its Dec- diversity and pluralist communication laration on the guarantee of the inde- accessible to everyone; i. guarantee the fundamental role of pendence of public service the public service media in the new Mindful of the fact that growing com- broadcasting in the member states digital environment, setting a clear petition in broadcasting makes it more (September 2006); remit for public service media, and en- difficult for many commercial broad- abling them to use new technical Recalling Recommendation 1641 casters to maintain the public value of means to better fulfil this remit and (2004) of the Parliamentary Assembly their programming, especially in their adapt to rapid changes in the current of the Council of Europe on public free-to-air services; media and technological landscape, service broadcasting, calling for the Conscious of the fact that globalisa- and to changes in the viewing and lis- adoption of a new major policy docu- tion and international integration, as tening patterns and expectations of ment on public service broadcasting well as the growing horizontal and ver- the audience; taking stock of recent technological tical concentration of privately owned developments, as well as the report on ii. include, where they have not media at the national and interna- public service broadcasting by the Par- already done so, provisions in their tional levels, have far-reaching effects liamentary Assembly’s Committee on legislation/regulations specific to the for states and their media systems; Culture, Science and Education (Doc. remit of public service media, covering 10029, January 2004), noting the need Noting that in the information society, in particular the new communication for the evolution and modernisation of the public, and especially the younger services, thereby enabling public this sector, and the positive reply of generations, more and more often service media to make full use of their the Committee of Ministers to this rec- turn to the new communication serv- potential and especially to promote ommendation; ices for content and for the satisfaction broader democratic, social and cultural

44 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

participation, inter alia, with the help a. a reference point for all members contents and services, as well as per- of new interactive technologies; of the public, offering universal access; sonalised interactive and on-demand services. They should address all gen- iii. guarantee public service media, b. a factor for social cohesion and in- erations, but especially involve the via a secure and appropriate financing tegration of all individuals, groups and younger generation in active forms of and organisational framework, the communities; communication, encouraging the pro- conditions required to carry out the c. a source of impartial and inde- vision of user-generated content and function entrusted to them by pendent information and comment, establishing other participatory member states in the new digital envi- and of innovatory and varied content schemes. ronment, in a transparent and ac- which complies with high ethical and countable manner; quality standards; 6. Member states should see to it that the goals and means for achieve- iv. enable public service media to d. a forum for pluralistic public dis- ment of these goals by public service respond fully and effectively to the cussion and a means of promoting media are clearly defined, in particular challenges of the information society, broader democratic participation of regarding the use of thematic services respecting the public/private dual individuals; and new communication services. This structure of the European electronic e. an active contributor to audiovis- may include regular evaluation and media landscape and paying attention ual creation and production and review of such activities by the rele- to market and competition questions; greater appreciation and dissemina- vant bodies, so as to ensure that all tion of the diversity of national and v. ensure that universal access to groups in the audience are adequately European cultural heritage. public service media is offered to all in- served. dividuals and social groups, including 2. In the information society, relying minority and disadvantaged groups, heavily on digital technologies, where b. A factor for social cohesion and through a range of technological the means of content distribution have integration of all individuals, groups means; diversified beyond traditional broad- and communities casting, member states should ensure vi. disseminate widely this recom- that the public service remit is ex- 7. Public service media should be mendation and, in particular, bring to tended to cover provision of appropri- adapted to the new digital environ- the attention of public authorities, ate content also via new ment to enable them to fulfil their public service media, professional communication platforms. remit in promoting social cohesion at groups and the public at large, the local, regional, national and interna- guiding principles set out below, and II. Adapting the public service tional levels, and to foster a sense of ensure that the necessary conditions remit to the information society co-responsibility of the public for the are in place for these principles to be achievement of this objective. put into practice. a. A reference point for all members 8. Public service media should inte- of the public, with universal access grate all communities, social groups Guiding principles concerning offered and generations, including minority the remit of public service media 3. Public service media should offer groups, young people, old persons, in the information society news, information, educational, cul- the most disadvantaged social catego- tural, sports and entertainment pro- ries, persons with disabilities, while re- I. The public service remit: main- grammes and content aimed at the specting their different identities and taining the key elements various categories of the public and needs. In this context, attention should which, taken as a whole, constitute an be paid to the content created by and 1. Member states have the compe- added public value compared to those for such groups, and to their access to, tence to define and assign a public of other broadcasters and content pro- and presence and portrayal in, public service remit to one or more specific viders. service media. Due attention should media organisations, in the public be also paid to gender equality issues. and/or private sector, maintaining the 4. The principle of universality, which key elements underpinning the tradi- is fundamental to public service 9. Public service media should act as tional public service remit, while ad- media, should be addressed having a trusted guide of society, bringing justing it to new circumstances. This regard to technical, social and content concretely useful knowledge into the remit should be performed with the aspects. Member states should, in par- life of individuals and of different com- use of state-of-the-art technology ap- ticular, ensure that public service munities in society. In this context, propriate for the purpose. These ele- media can be present on significant they should pay particular attention to ments have been referred to on platforms and have the necessary re- the needs of minority groups and un- several occasions in Council of Europe sources for this purpose. derprivileged and disadvantaged documents, which have defined public 5. In view of changing user habits, social categories. This role of filling a service broadcasting as, amongst public service media should be able to gap in the market, which is an impor- other things: offer both generalist and specialised tant part of the traditional public

45 Appropriate conditions required to enable public service media to discharge their remit

service media remit, should be main- quality content but also a forum for music, arts and theatre, and they tained in the new digital environment. public debate, open to diverse ideas should, where appropriate, support 10. In an era of globalisation, migra- and convictions in society, and a plat- cultural events and performances. form for disseminating democratic tion and integration at European and 21. Public service media should con- values. international levels, the public service tinue to play a central role in education, media should promote better under- 15. Public service media should media literacy and life-long learning, standing among peoples and contrib- provide adequate information about and should actively contribute to the ute to intercultural and inter-religious the democratic system and demo- formation of knowledge-based society. dialogue. cratic procedures, and should encour- Public service media should pursue this 11. Public service media should age participation not only in elections task, taking full advantage of the new promote digital inclusion and efforts but also in decision-making processes opportunities and including all social to bridge the digital divide by, inter and public life in general. Accordingly, groups and generations. alia , enhancing the accessibility of pro- one of the public service media’s roles should be to foster citizens’ interest in 22. Public service media should play grammes and services on new plat- a particular role in preservation of cul- forms. public affairs and encourage them to play a more active part. tural heritage. They should rely on and develop their archives, which should 16. Public service media should also c. A source of impartial and inde- be digitised, thus being preserved for actively promote a culture of tolerance pendent information and comment, future generations. In order to be ac- and mutual understanding by using and of innovatory and varied content cessible to a broader audience, the au- new digital and online technologies. which complies with high ethical and diovisual archives should, where quality standards 17. Public service media should play appropriate and feasible, be accessible 12. Member states should ensure a leading role in public scrutiny of na- online. Member states should consider that public service media constitute a tional governments and international possible options to facilitate the ac- space of credibility and reliability governmental organisations, enhanc- complishment of such projects. among a profusion of digital media, ing their transparency, accountability 23. In their programming and con- fulfilling their role as an impartial and to the public and legitimacy, helping tent, public service media should independent source of information, eliminate any democratic deficit, and reflect the increasingly multi-ethnic opinion and comment, and of a wide contributing to the development of a and multicultural societies in which range of programming and services, European public sphere. they operate, protecting the cultural satisfying high ethical and quality 18. Public service media should heritage of different minorities and standards. enhance their dialogue with, and ac- communities, providing possibilities 13. When assigning the public countability to, the general public, also for cultural expression and exchange, service remit, member states should with the help of new interactive serv- and promoting closer integration, take account of the public service ices. without obliterating cultural diversity media’s role in bridging fragmenta- at the national level. tion, reducing social and political al- e. An active contributor to audiovis- ienation and promoting the ual creation and production and to a 24. Public service media should development of civil society. A require- greater appreciation and dissemina- promote respect for cultural diversity, ment for this is the independent and tion of the diversity of national and while simultaneously introducing the impartial news and current affairs con- European cultural heritage audience to the cultures of other peoples around the world. tent, which should be provided on 19. Public service media should play both traditional programmes and new a particular role in the promotion of communication services. cultural diversity and identity, includ- III. The appropriate conditions ing through new communication serv- required to fulfil the public service d. A forum for public discussion and ices and platforms. To this end, public remit in the information society a means of promoting broader demo- service media should continue to 25. Member states should ensure that cratic participation of individuals invest in new, original content produc- the specific legal, technical, financial 14. Public service media should play tion, made in formats suitable for the and organisational conditions required an important role in promoting new communication services. They to fulfil the public service remit con- broader democratic debate and partic- should support the creation and pro- tinue to apply in, and are adapted to, ipation, with the assistance, among duction of domestic audiovisual works the new digital environment. Taking other things, of new interactive tech- reflecting as well local and regional into account the challenges of the in- nologies, offering the public greater characteristics. formation society, member states involvement in the democratic proc- 20. Public service media should stim- should be free to organise their own na- ess. Public service media should fulfil a ulate creativity and reflect the diversity tional systems of public service media, vital role in educating active and re- of cultural activities, through their cul- suited to the rapidly changing techno- sponsible citizens, providing not only tural programmes, in fields such as logical and social realities, while at the

46 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

same time remaining faithful to the fun- ronment. Public service media should terest of the public and in the common damental principles of public service. play an active role in the technological interest. innovation of the electronic media, as a. Legal conditions well as in the digital switchover. d. Organisational conditions 26. Member states should establish a 31. Member states should establish clear legal framework for the develop- c. Financial conditions the organisational conditions for ment of public service media and the ful- public service media that provide the filment of their remit. They should 29. Member states should secure ad- most appropriate background for the incorporate into their legislation provi- equate financing for public service delivery of the public service remit in sions enabling public service media to ex- media, enabling them to fulfil their the digital environment. In doing so ercise, as effectively as possible, their role in the information society, as they should pay due attention to the specific function in the information defined in their remit. Traditional guarantee of the editorial independ- society and, in particular, allowing them funding models relying on sources ence and institutional autonomy of to develop new communication services. such as licence fees, the state budget public service media and the particu- and advertising remain valid under the 27. To reconcile the need for a clear larities of their national media systems, new conditions. definition of the remit with the need to as well as organisational changes needed to take advantage of new pro- respect editorial independence and 30. Taking into account the develop- duction and distribution methods in programme autonomy and to allow for ments of the new digital technology, the digital environment. flexibility to adapt public service activ- member states may consider comple- ities rapidly to new developments, mentary funding solutions paying due 32. Member states should ensure member states should find appropri- attention to market and competition that public service media organisa- ate solutions, involving, if needed, the questions. In particular, in the case of tions have the capacity and critical public service media, in line with their new personalised services, member mass to operate successfully in the legal traditions. states may consider allowing public new digital environment, fulfil an ex- service media to collect remunerations. tended public service remit and main- b. Technical conditions Member states may also take advantage tain their position in a highly 28. Member states should ensure of public and community initiatives for concentrated market. that public service media have the the creation and financing of new types 33. In organising the delivery of the necessary technical resources to fulfil of public service media. However, none public service remit, member states their function in the information soci- of these solutions should endanger the should make sure that public service ety. Developing a range of new serv- principle of universality of public service media can, as necessary, engage in co- ices would enable them to reach more media or lead to discrimination between operation with other economic actors, households, to produce more quality different groups of society. When devel- such as commercial media, rights contents, responding to the expecta- oping new funding systems, member holders, producers of audiovisual con- tions of the public, and to keep pace states should pay due attention to the tent, platform operators and distribu- with developments in the digital envi- nature of the content provided in the in- tors of audiovisual content.

Appendix 2. Questionnaire on the appropriate conditions required for public service media to fulfil their remit, April 2007

Introduction abling them to use new technical quate manner (Chapter III), in recom- Council of Europe Recommendation means to better fulfil this remit and mending to the member states to Rec (2007) 3 on the remit of public adapt to rapid changes in the current ensure that these conditions continue service media in the information media and technological landscape, to apply in, and are adapted to, the society was adopted by the Commit- and to changes in the viewing and lis- new digital environment. tee of Ministers on 31 January 2007. tening patterns and expectations of The Secretariat of the Council of The main purpose of this major instru- the audience”. Europe would be grateful if you could ment is to encourage member states The Recommendation addresses inter respond, if necessary via the compe- to “guarantee the fundamental role of alia the question of the specific legal, tent authorities, to the following ques- the public service media in the new technical, financial and organisational tions. Please provide as many facts, digital environment, setting a clear conditions required for public service figures and concrete examples of your remit for public service media, and en- media to fulfil their remit in an ade- country’s practice or regulation as pos-

47 Appropriate conditions required to enable public service media to discharge their remit

sible. If necessary, please give any casters/media in your country. Has the content of public service media further comments/analysis related to your country changed or does your being assessed and how? the addressed points. country envisage changing the amount of funding or the funding Legal conditions model in the context of evolving tech- Organisational conditions 1. Describe what provisions your nological innovation? If so, how? 13. Describe how, in your country, country’s legislation incorporates, ena- 7. In the context of the develop- the state establishes the organisa- bling public service media to fulfil ments of the new digital technology, tional conditions for public service their remit, to exercise effectively their does, in your country, the state con- media that provide an appropriate specific function and, in particular, al- sider complementary funding solu- background for the delivery of the lowing them to develop new commu- tions? public service remit in the digital envi- nication services. 8. If appropriate, describe how and ronment. In doing so, does it pay due 2. How does the legislation in your to what extent attention is paid to attention to the guarantee of the edi- country reconcile the need for a clear market and competition questions in torial independence and institutional definition of the remit of public service your country when modifying funding autonomy of public service media media with the need to respect edito- systems for public service media. If ap- within the specific circumstances of rial independence and institutional au- propriate, describe to what extent and your national media system, as well as tonomy and to allow for flexibility to how funding systems for public service organisational changes needed to take adapt public service activities rapidly media are influenced by external advantage of new production and dis- to new developments? factors. tribution methods in the digital envi- 9. In the case of new personalised ronment? Technical conditions services, is it envisaged to allow public 3. Describe how the state ensures service media to collect remuneration 14. How does the state, in your coun- that public service media have the and if yes, how would such a system try, ensure that public service media necessary technical resources to fulfil be designed? organisations have the capacity to operate successfully in the new digital their remit. 10. If applicable, how does the state environment, fulfil an extended public 4. Could you provide concrete exam- take advantage of public and commu- service remit and maintain their posi- ples of how the public service is using nity initiatives for the creation and fi- tion in a highly concentrated market? new services (such as internet, mobile nancing of new types of public service services, podcasting, etc.) enabling media? 15. Describe how the state makes them to reach more households, to 11. If the answers to (9) and (10) are sure that public service media can, as produce more quality content, to positive, how does your country necessary, engage in co-operation respond to the expectations of the ensure that these solutions do not en- with other economic actors, such as public, and to keep pace with develop- danger the principle of universality of commercial media, rights holders, pro- ments in the digital environment? public service media or lead to dis- ducers of audiovisual content, plat- 5. If appropriate, to what extent do crimination between different groups form operators and distributors of the public service media take part in of society? audiovisual content. the technological innovation of the 12. How does your country ensure electronic media, as well as in the that needed attention is paid to edito- 16. How has the regulatory frame- digital switchover? rial independence and to the content work concerning public service media provided in the interest of the public been adapted to suit technological Financial conditions when new funding models are being changes and evolutions of media 6. Describe the current funding introduced? If appropriate, is possible sector? What further changes are en- model for the public service broad- influence of new funding models on visaged?

Appendix 3. Questionnaire on transparency and accountability of public service media, March 2008 1. Please indicate the regulations/ ures taken by PSM organisations as a to viewers/listeners/users as well as obligations your national legislations result of other regulatory factors or the general public (e.g. users/repre- impose on public service media (PSM) self-regulatory action. sentation councils, consultative struc- regarding transparency towards the tures, etc.), and in what sense the public (e.g. reports, on-line informa- 2. Please describe the mechanisms public are able to influence the poli- tion, etc.). Please also include meas- your national legislation foresees for cies and output of the PSM. Please also insuring that PSM remain accountable

48 Group of Specialists on Public Service Media in the Information Society (MC-S-PSM), November 2008

include measures taken by PSM organ- tional PSM organisation, especially offers, such as online or mobile offers, isations as a result of other regulatory concerning new media communica- on the respective target groups, as or self-regulatory action. tion services (e.g. surveys of audience/ well as ways to measure the degree to 3. Please describe how the impact of users number, qualitative surveys, etc. which the expectations of viewers/lis- the PSM on the public and their public ). In this context, a special emphasis teners/users are met by PSM offers. service value is measured (quantita- should be placed on measures that ac- Please provide examples that are as tively and qualitatively) by your na- knowledge the impact of specific PSM concrete as possible.

Additional sources mentioned in the report Responses to the Questionnaire Responses to the Questionnaire technical, financial and organisational on appropriate conditions for public on transparency and accountability of conditions required to fulfil a public service media to fulfil their remit public service media service remit, prepared by Ms Evelyne Report on the situation in six Lentzen, Council of Europe consultant member states as regards the legal,

Media and Information Society Division Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 Strasbourg Cedex www.coe.int/media