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Comparative Tables on the Protection of Minors in Audiovisual Media Services

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Comparative Tables on the Protection of Minors in Audiovisual Media Services Comparative tables on the protection of minors in audiovisual media services 0 COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES IRIS bonus 2015-1 Comparative tables on the protection of minors in audiovisual media services European Audiovisual Observatory, Strasbourg 2015 Director of publication - Susanne Nikoltchev, Executive Director Editorial supervision - Maja Cappello, Head of Department for Legal Information European Audiovisual Observatory Author Sophie Valais European Audiovisual Observatory Editorial assistant - Michelle Ganter Marketing - Markus Booms, [email protected] Press and Public Relations - Alison Hindhaugh, [email protected] European Audiovisual Observatory Publisher European Audiovisual Observatory 76, allée de la Robertsau F-67000 STRASBOURG http://www.obs.coe.int Tel. : +33 (0)3 90 21 60 00 Fax : +33 (0)3 90 21 60 19 [email protected] Cover layout - P O I N T I L L É S, Hoenheim, France Please quote this publication as Valais S., Comparative tables on the protection of minors in audiovisual media services, IRIS bonus 2015-1, European Audiovisual Observatory, Strasbourg, 2015 © European Audiovisual Observatory (Council of Europe), Strasbourg, 2015 Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe. COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES Foreword Conceived as a tool for our workshop on “Empowering users: Rating Systems, Protection Tools and Media Literacy across Europe” organised in Strasbourg jointly with the European Platform of Regulatory Authorities (EPRA) in December 2014, these comparative tables aim at giving an overview of the existing obligations across the 28 EU member states with regard to the protection of minors in audiovisual media services and to watershed periods in broadcasting services. To ease their reading, the two are kept separate, and follow two slightly different structures: - the first table gives an overview of the legal basis of the existing obligations, including the self- and co-regulatory ones, and of the available protections tools in case of content that is unsuitable for minors both on linear and non linear services; - the second table digs into the various watershed periods applicable to linear services, and goes throught their legal basis while also describing the nature of the content they apply to. While the responsibility for any inaccuracy is entirely ours, these tables wouldn’t have been so rich hadn’t it been for the excellent cooperation with the EPRA network. A special mention to Emmanuelle Machet for her precious help throughout the verification process. Strasbourg, March 2015 Maja Cappello IRIS Coordinator Head of the Department for Legal Information European Audiovisual Observatory COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES Table of contents The protection of minors in audiovisual media services …………………………………………………………………..3 Watershed periods in broadcasting services ………………………………………………………………………………….24 COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES The protection of minors in audiovisual media services: legal obligations across Europe Sophie Valais 0 The protection of minors in audiovisual media services in a converged environment Comparative table of legal obligations across Europe 1 Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES AT Audiovisual Media Services Some elements of self and co- Graduated approach between “Seriously impair”: (pornography; “Seriously impair”: allowed with Act – (Art. 39: on-demand regulatory system for linear and for linear and non-linear services gratuitous violence): banned. access restriction. services and Art. 42: non-linear services. Includes a code of regarding “seriously impair” conduct regarding the protection of contents. television programmes). “Likely to impair”: allowed with “Likely to impair”: allowed without minors from harmful content by TV some form of protection. restriction. broadcasters. ORF guidelines on protection of minors On-screen icons required by law + technical filtering devices or software used by broadcasters. BE Act on radio and television Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with broadcasting of 18.03.2009 regulatory system for linear and for linear and non-linear services unnecessary violence): banned access restrictions (PIN codes) (Flemish non-linear services. Includes a code of regarding “seriously impair” Comm.) Art. 42 (linear TV services) / conduct regarding the protection of contents minors from harmful content by TV “Likely to impair”: allowed with “Likely to impair”: allowed without Art. 45 (non-linear services). broadcasters. some form of protection restriction On-screen icons or acoustic warnings required by law. BE Décret SMA, as modified – Some elements of self and co- Stricter legal approach: general “Seriously impair” (pornography, “Seriously impair” (pornography, (French Art. 9.2 a) and b) regulatory system for linear and for prohibition for “seriously impair” violence): banned violence): banned on VOD Comm.) non-linear services. content on VOD services Order of the Government of “Likely to impair”: allowed with “Likely to impair”: allowed with The law provides the basis for minor’s 21.02.2013 some form of protection some form of protection protection and the regulator has developed it through rules and codes Watersheds / or access code + on- Parental code (PIN code) + on- (Ethics Code of 2007 and CSA’s screen age-related icons on screen age-related icons on Recommendation on the protection of electronic programme guide and electronic programme guide and minors, both of which are not legally acoustic warning or screen icon catalogues (Art. 9.2b) SMA). binding). during diffusion if no access code 1 Table updated as of March 2015. 1 Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES (Art. 9.2a) SMA). The Regulatory authority is in charge of the regulation of on-demand AVMS In practice, acoustic warning is not in relation to age-related classification currently used. of content and the development of technical measures to prevent minors from accessing harmful contents. Further to the law, broadcasters participate in the system of protecting minors through the creation of internal viewing committees in charge of deciding on age rating of programmes. BG Radio and Television Act Regulatory authorities have issued Integrated approach across all “Seriously impair”: banned. “Seriously impair” (restrictive rules and general guidance for the audiovisual media services definition): banned on VOD services. (Art. 19 on-demand protection of minors on audiovisual regarding protection of minors services) media services, whether linear or on- (including general prohibition for “Likely to impair”: allowed with “Likely to impair”: allowed with demand. “seriously impair” content on access restrictions. some form of protection. Bill amending the RTA of VOD). 14.5.2014 The Council for Electronic Media and On-screen icons or acoustic Technical access restrictions, such as State Agency for Child Protection drew warnings required by law + filtering, encryption, pre-locking/PIN up criteria for the assessment of technical filtering devices or codes or other age verification harmful contents. All kinds of online software used by broadcasters. systems). business communication fall within the scope of the National Self-Regulation Board’s Code of Ethics. CY Law on Radio and Television Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with Stations regulatory system for linear and for linear and non-linear services gratuitous violence): banned access restrictions. non-linear services: The age regarding “seriously impair” Art. 29(1)-(3): linear services classification of programs is contents. Age rating, content filtering and determined by the television parental access codes. / Art. 31A(1)(a)-(b): non- organisations / audiovisual media linear services service providers. “Likely to impair”: allowed with “Likely to impair”: allowed without Cyprus Broadcasting Media literacy policies are some form of protection restriction. Corporation Law encouraged. Appropriate time of broadcast, Acoustic warnings of news stories Art. 19(5) (a)-(c): linear technical measures, acoustic services / Art. 181 (1) – (2): unsuitable for minors are given more 2 Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES non-linear services than once (that is required by law). warnings, on-screen icons – applicable only to unencoded Regulations of Radio and programs. Television Stations Reg. 21(6)-(7) CZ Radio and TV Broadcasting Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with Act regulatory system for linear and for linear and non-linear services gross gratuitous violence): banned. access restrictions. non-linear services. Includes a code of regarding “seriously impair” On-demand Audiovisual conduct regarding the protection of contents. Qualified disclaimer with general minors from harmful
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