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Review of NRK's existing services on new media platforms June 2010

The Norwegian Media Authority

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To the Ministry of Culture

The Norwegian Media Authority refers to the letter from the Ministry of Culture of 20 October 2009, in which the Norwegian Media Authority is requested to carry out a review of NRK's existing services on new media platforms.

The purpose of the review is to ensure that NRK's new services fall within the public broadcasting mandate as it follows from the NRK Guidelines [NRK-plakaten] and the company statutes.

The review of the Norwegian Media Authority is presented in this report.

Fredrikstad, 29 June 2010

Gudbrand Guthus head of department licensing and supervision

Live Nermoen adviser

Yngvar Kjus

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Table of content

1 Introduction...... 4 1.1 Task...... 4 1.1.1 Reason for task...... 4 1.1.2 The Norwegian Media Authority's understanding of the task...... 4 1.2 Premises of the Norwegian Media Authority's review and assessments...... 6 1.2.1 Relations to activities on traditional media platforms...... 6 1.2.2 The NRK Statutes ...... 7 1.2.2.1 Requirements to NRK's new media platforms...... 8 1.2.2.2 NRK's other statutory provisions...... 9 1.3 Information on NRK's existing services on new media platforms...... 9 1.4 Categorisation of services ...... 10 2 Review of NRK's existing services on new media platforms...... 12 2.1 Internet...... 12 2.1.1 Re-publication of radio stations and television channels...... 12 2.1.2 Extension of radio and television programmes...... 13 2.1.3 Separate Internet radio and Internet television service provision...... 15 2.1.4 Fixed subject areas and target groups...... 16 2.1.5 Interactive participation...... 19 2.1.5.1 Debate forum...... 20 2.1.5.2 Games...... 20 2.1.5.3 Meeting places and sharing services...... 21 2.1.6 Data base services...... 23 2.1.6.1 Data base services based on editorial activity...... 23 2.1.6.2 Playlists and results...... 24 2.1.6.3 Reference works and learning materials...... 25 2.1.6.4 Useful services based on collaboration with external parties...... 26 2.1.7 Activity on external web sites...... 37 2.1.8 Information pages on NRK's service provision...... 38 2.2 Mobil devices platforms...... 40 2.2.1 Mobile television/mobile device services that republish content...... 40 2.2.2 Mobile device services that are part of the editorial activity...... 41 2.3 Digital radio and television...... 45 2.4 Services for external platforms...... 48 3 Summary and concluding remarks...... 50 3.1 Summary...... 50 3.2 Concluding remarks...... 50

Enclosure: The NRK Statutes, part II NRK's public broadcasting mandate 4

1 Introduction

1.1 Task

1.1.1 Reason for the task

In a letter dated 20 October 2009 from the Ministry of Culture and Church Affairs (now the Ministry of Culture, hereinafter referred to as the Ministry), the Ministry requested that the Norwegian Media Authority carry out a review of NRK's existing services on new media platforms. According to the letter:

The purpose of the review shall be to ensure that NRK's new media services fall within the public broadcasting mandate as it follows from the NRK Guidelines [NRK-plakaten] and the company statutes.

The reason for the task is a case between the EFTA Surveillance Authority (hereinafter referred to as ESA) and Norway concerning the funding of NRK. The case commenced due to a complaint of 1 April 2003 from TV 2 Nettavisen AS concerning the alleged cross-subsidisation of NRK's teletext and NRK.no. ESA started a general examination of the Norwegian system of state aid of public broadcasting, i.e. the license fee financing of NRK. The dialogue between ESA and NRK took place at the same time as the European Commission initiated similar reviews in several EU member states. ESA concluded that the financing of NRK was not in accordance with the EEA Agreement rules on state aid. For state aid of public broadcasting to be legal, a number of conditions must be met, including drawing up a clear official definition of which services are encompassed within the public broadcasting mandate and that as such are entitled to public aid. 1

On 8 July 2009, ESA gave a statement on the case (Dec. No 306/09/COL). ESA requested that Norwegian authorities put in place a number of measures concerning the financing of NRK, including the carrying out of a review of NRK's existing services on new media platforms. Amongst other things, the ESA letter reads:

Furthermore, the Authority requests that the Norwegian authorities to put in place measures in order to ensure that the Media Authority will examine all NRK’s existing services on the new media platforms and assess whether they fall within the public service remit. (p. 40)

In a reply letter to ESA dated 13 October 2009, the Ministry accepts ESA's order:

The Media Authority drafts an annual report on the public service activities of the NRK. The report for the year 2009 will include an assessment of the existing service offered by the NRK on new media platforms. The public service remit as formalized in the new company statutes, in particular article 17, will constitute the formal basis for this assessment. (p. 2)

In a letter dated 3 February 2010 ESA closed the case, but presupposed the following, amongst other things:

Third, with regard to the proposal for scrutiny of NRK's current activities by the Media Authority with the view to assessing whether they fall within the public service remit, the Norwegian authorities have made a commitment to instruct the Media Authority to carry out an assessment and to include it in the annual report on the public service activities of NRK for the year 2009. This evaluation will be made on the basis of the newly adopted NRK's Company Statutes. The Norwegian authorities have informally indicated that this report will be published in May-June 2010. (Dec. No 36/10/COL, p. 3)

1.1.2 The Norwegian Media Authority's understanding of the task

The task is to assess whether NRK's existing services on new media platforms fall within the public broadcasting mandate as it follows from NRK's Statutes articles 12 to 17, with special emphasis on article 17

1 See ESA's decision in the case in the letter dated 3 February 2010, as well as the mention of the case in White Paper [Stortingsmelding] no. 30 Broadcasting in a digital future (Kringkasting i en digital fremtid) (2006-2007) p. 101.

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(cf. Letter to ESA from the Ministry dated 13 October 2009).

In an agency executive meeting of 20 November 2009, the Ministry stated that the Norwegian Media Authority only is to make an assessment of whether NRK's services can be said to fall within the public broadcasting mandate, and that it shall not make an assessment of any limiting effects on competition the services may have.

The procedure for advance approval of new NRK services will only encompass services that will constitute a significant change of the public service broadcasting provision. 2 In an e-mail dated 21 June 2010, the Ministry states that the Norwegian Media Authority's review of NRK's existing services must be seen in association with the advanced approval procedure. This means that the Norwegian Media Authority also can place emphasis on the principle of essentiality in its review of NRK's existing services on new platforms.

The review of the existing services is a one-time task that is carried out to ensure that also the services introduced before the commencement of the advance approval procedure, fall within the public broadcasting mandate.

The Norwegian Media Authority will review all of NRK's existing services on new media platforms, including services that were introduced before 1 May 2010, which was when the broadcasting provisions regarding procedures for advance approval of new NRK services came into effect. Exceptions apply to NRK's commercial services, i.e. advertisement, e-commerce, sponsorship, commodity trade / sale of spin-off products. These services are not financed by license fee means, and do not fall within the public broadcasting mandate. 3

In an e-mail dated 11 February 2010 to the Norwegian Media Authority, the Ministry points out that the task concerns the review of all current NRK service provisions on all relevant media platforms, not only the online service provision. The Norwegian Media Authority understands this to mean the service provision on the Internet, mobile phone services, digital radio and digital television. The Norwegian Media Authority does not assess the activities of the three main radio stations and the three main television channels to be part of the task, in part because these existed prior to the digital terrestrial television.

The NRK service provision on the Internet and other relevant platforms is extensive, and in principle the Norwegian Media Authority will carry out overall assessments of service categories. When relevant, however, the Authority will make more detailed assessments of whether the services can form part NRK's public broadcasting mandate. In such cases it can sometimes be relevant to assess whether the services constitute a significant change of the existing public service broadcasting provision, in accordance with the e- mail from the Ministry dated 21 June 2010 (quoted above).

The starting point of the review is a survey NRK has produced on its service provision on new media platforms. The Norwegian Media Authority's assessments and conclusions address this survey.

For practical reasons, the Norwegian Media Authority has elected to present its assessment in a separate report. As such, the Authority's assessments are not part of the Public Broadcasting Report 2009 [Allmenkringskastingsrapporten 2009]. The Norwegian Media Authority has informed the Ministry of this in a letter dated 18 March 2010. In the public broadcasting report, the Norwegian Media Authority assesses whether NRK fulfils its public broadcasting mandate as it follows from the Statutes. In the review of NRK's existing services, the Norwegian Media Authority takes into consideration the entire NRK service provision on new platforms, and assesses whether NRK provides services that fall outside the mandate as it follows from the Statutes.

2 The procedure for advanced approval of new services in NRK's public broadcasting mandate was included in the broadcasting regulations of 23 April 2010, effective as of 1 May 2010. The advance approval procedure requires NRK to apply for permission to include new services in its public broadcasting mandate. This encompasses services that will constitute a significant change of the existing public broadcasting service provision. http://www.lovdata.no/cgi-wift/ldles?doc=/sf/sf/sf-19970228-0153.html#map006 3 For an outline of NRK services that can not be financed through license fee means, see: http://www.regjeringen.no/nb/dep/kud/tema/medier/kringkasting/NRK-tjenester-utenfor- allmennkringkastingsoppdraget.html?id=601126 6

The Norwegian Media Authority has understood that this report is to be considered as an advisory statement, in line with the Norwegian Media Authority's assessments of NRK in the public broadcasting report, and that it is the Ministry that is responsible for the subsequent follow-up of the Norwegian Media Authority's review and assessments.

1.2 Premises of the Norwegian Media Authority's review and assessment

Until 2004, NRK's tasks were not set out as binding requirements to the institution. In the general assembly of 14 June 2004, a programme requirement for NRK as public broadcaster was introduced into the Statutes. In 2007, the Ministry gave notice of the creation of the NRK Guidelines [NRK-plakaten], which were to give a complete outline of NRK's social mission. The NRK Guidelines were discussed by the Storting on 29 May 2009. In the general assembly of 29 June 2009, NRK's statutes were changed and the NRK Guidelines were taken into the statutes in their entirety. 4 While the former statutes set out requirements to the content only on NRK's three main radio stations and three main television channels, the new statutes set out NRK's mandate on more platforms.

1.2.1 Relation to activities on traditional media platforms

In former statutes, NRK has had requirements of content related to its radio and television activities. The statutes have set out minimum requirements for NRK's radio and television programme service provision, but have not given any editorial guidelines on NRK's programme activities beyond this. In other words, NRK has had the freedom to independently decide the content of the broadcasts beyond the requirements set out in the statutes. The Norwegian Media Authority is now to assess whether NRK's services on new platforms can form part of the public broadcasting mandate, and as such to assess for which services NRK can use license fee financing. The Norwegian Media Authority considers it reasonable that services on new platforms that are closely related to NRK's editorial activities on radio and television, can form part of the public broadcasting mandate through this connection, including where the services have no clear relevance for specific content requirements in the NRK Statutes. This relation can amongst other things be relevant for the assessment of the Internet services that consist of home pages for radio and television programmes.

The Norwegian Media Authority presupposes that the Statutes do not limit the activities NRK traditionally has offered, and that traditional activities shall be able to be transferred to new platforms. This means that the public broadcasting mandate also can encompass services that are not editorially related to certain radio and television programmes, but that have traditionally been part of the mandate. This can apply to dissemination of information that has day-to-day relevance for large portions of the public and/or that has particular relevance with regards to safety and state of readiness, and that therefore have been part of NRK's public broadcasting mandate. The Norwegian Media Authority finds support for this understanding in White Paper [Stortingsmelding] no. 30 Broadcasting in a digital future (Kringkasting i en digital fremtid) , which contributes to the setting out of the premises for the NRK Statutes. It follows from this document that the overarching requirements to NRK's public broadcasting mandate shall « be given the same use for traditional programme activities and new media services» (White Paper [Stortingsmelding] no. 30, 2006-2007, p. 106).

The Norwegian Media Authority points out that there is a limit to how far Internet services related to radio and television programmes can be further developed into independent services while still be considered to fall within the public broadcasting mandate. In the review, the Norwegian Media Authority carries out discretionary assessments of the more independent services of this kind, and puts emphasis on the following factors: To what extent the service is in accordance with the Statutes, to what extent the further development of the service can be regarded as independent from the editorial activities on radio and television, and to what extent the subject area of the service has been part of the traditional public broadcasting activities.

The review of NRK's existing services on new media platforms must be seen in association with the implementation of procedures for advance approval of new services in NRK's public broadcasting mandate. When assessing whether a service must be approved in advance, emphasis shall amongst other things be put

4 For an overview of the regulations related to NRK, see http://www.regjeringen.no/nb/dep/kud/tema/medier/kringkasting/kringkasting---regelverk.html?id=86810 7 on whether the new service is significantly different from other services that are already provided in the public service broadcasting provision. In the same way, the Norwegian Media Authority considers that such significance assessments can play in in the review of NRK's already existing services on new media platforms. This is in accordance with the e-mail from the Ministry dated 21 June 2010, see item 1.1.2.

1.2.2 The NRK Statutes

The NRK Statutes mainly set out requirements for what services NRK shall provide within the public broadcasting mandate, but the Statutes also set out requirements for what NRK can not do. The NRK Statutes are enclosed in this report.

In its review of whether NRK's services on new media platforms can form part of the public broadcasting mandate, the Norwegian Media Authority assesses whether the services have thematic relevance for the Statutes. At the same time, the Norwegian Media Authority assesses whether the services conflict with the statutory provisions that set out what NRK can not do. Services that have thematic relevance for the Statutes can not form part of the public broadcasting mandate if they conflict with requirements that follow from these provisions.

The articles 12 letter d and 16 of the Statutes are examples of statutory provisions that set out what NRK can not do, and thus serve as fundamental premises for the Norwegian Media Authority's review and assessments. The articles 12 letter d and 16 read as follows:

Article 12 d. The NRK shall have editorial independence. The NRK shall safeguard its integrity and credibility in order to be able to operate freely and independently in relation to persons or groups that, for political, ideological, economic or other reasons, wish to exert influence on its editorial content. Activities shall be characterised by a high ethical standard and provide a balanced representation over time. An attempt shall be made to achieve objectivity and an analytical and neutral approach, cf. the self-regulatory mechanisms of the Norwegian press: the Rights and Duties of the Editor, the Code of Ethics and the Code of Ethics for Text Advertising.

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

a. The NRK’s editorial decisions shall not be guided by commercial considerations.

b. The NRK’s public service broadcasting provision of radio, television and teletext shall be free of advertising, and shall not contain sales promotion of the NRK group’s commercial services and products.

c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. The NRK shall seek to ensure as clear as possible a distinction between the provision of public service broadcasting and commercial services provided on the Internet. Downloadable services provided within the public service broadcasting provision shall not contain commercial advertising. Special care shall be taken to avoid providing content that exposes the public to commercial pressure. This applies particularly to programmes targeting children and adolescents.

d. Licence fees and other public income shall not be used to subsidise commercial activities. There shall be a clear distinction as regards accounts and operations between the NRK’s commercial activities and public service broadcasting activities.

e. The NRK’s public service broadcasting provision, both in traditional programme activities and in the form of new media services, shall mainly be financed by means of the licence fee.

f. The NRK shall be able to further develop commercial services generating profits that contribute to financing of public service broadcasting services. Such commercial activities shall be consistent with the requirements regarding quality and integrity that apply to the NRK.

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1.2.2.1 Requirements to NRK on new media platforms

In the review of NRK's new services, the Norwegian Media Authority primarily assesses whether the services have relevance for statutory provisions that set out requirements to NRK's activities on new platforms. These kinds of requirements are to be found in articles 13 letter d, 14 letter h, and 17:

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

Article 14 h. The NRK shall disseminate Norwegian cultural heritage. This includes the NRK’s archives. The NRK shall make efforts to digitise these archives and make them available to the public. The archive facility shall be mainly free of charge.

Article 17. The NRK shall provide attractive content on the Internet, mobile TV, etc.

a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of: • National and international news • Separate provision of regional news and content • In-house productions for children and adolescents • Factual and background information in connection with news, public debates and current affairs • Art and culture • Sport and entertainment • Services and games that encourage interactive participation

b. The NRK shall make as many as possible of its radio and television programmes available on the Internet, both for simultaneous distribution and as an archive service for download and/or individual playback. This shall at least include making available all of its in-house productions broadcast during the previous seven days as an archive service, provided that this does not involve excessive costs. The NRK shall make efforts to ensure that as much as possible of the remaining material broadcast during the previous seven days is made available as an archive service.

c. The NRK’s programme provision on the Internet shall as a rule be free of charge. However, it shall be possible to recover use-related costs associated with this programme provision by means of user fees.

d. The provisions of the previous paragraph shall not preclude the provision of commercial editions of programmes by the NRK. Such editions are not to be regarded as part of the public service broadcasting provision and shall not be of such a volume that they undermine the main principle that the NRK’s programme provision on the Internet shall be free of charge.

e. The NRK shall stimulate knowledge, understanding and use of other media platforms by users of all ages.

The provisions in article 17 letter a set out concrete content requirements to NRK's online service provision. The NRK Statutes include no such specific requirements to content for other relevant platforms, such as mobile phone television etc.

Even though it is only the provisions in the articles 13 letter d, 14 letter h, and 17 that clearly give NRK a mandate on new media platforms, the Norwegian Media Authority also assesses whether the services have relevance for the other statutory provisions.

On 19 May 2009, the Norwegian Media Authority directed an inquiry to the Ministry concerning the supervision of NRK after the NRK Guidelines were included in the Statutes. Amongst other things, the Norwegian Media Authority wanted a clarification concerning what part of NRK's programme provision the Norwegian Media Authority is to base its supervision on when it comes to the fulfilment of the requirements 9 in the Guidelines items 3 and 4, corresponding to the articles 14 and 15 in the Statutes. The Ministry replied in a letter of 26 October 2009. Amongst other things, it follows from this letter that even though item 6 (article 17 in the Statutes) lists concrete requirements for NRK's online service provision, this does not mean that the content on .no can not form part of the basis for the assessments of several of the points in item 3 and 4.

The Norwegian Media Authority understands this to mean that although it is article 17 that sets out the clearest requirements to NRK's Internet activities, all the statutory provisions have to be seen in association with one another. On assessing whether a service falls within the public broadcasting mandate, the Norwegian Media Authority will therefore first look to article 17, and then assess the service vis-à-vis the other statutes. This understanding is in accordance with the Ministry's statements in a letter to ESA dated 13 October 2009: The public service remit as formalized in the new company statutes, in particular article 17, will constitute the formal basis for this assessment.

1.2.2.2 NRK's other statutory provisions

NRK's other statutes include a number of various tasks that are set out on different levels. There is a distinction between content requirements for NRK's service provision and the dissemination of the service provision.

There is also a distinction between overarching and more specific requirements. Many statutory provisions are overarching, while some are more specific and set out more distinct tasks that NRK shall fulfil.

In the assessment of whether NRK's services fall within the public broadcasting mandate, the Norwegian Media Authority first assesses whether the services have relevance for the more specific requirements that follow from the Statutes. Overarching requirements can also be part of the overall assessment of whether a service falls within the public broadcasting mandate.

1.3 Information on NRK's existing services on new media platforms

The starting point for the Norwegian Media Authority's review of NRK's existing media services has been information from NRK on the actual service provision on the Internet and other relevant media platforms. The information from NRK has primarily consisted of a survey with information on the services within the following categories:

 News, culture, society, entertainment  Sports  Service provision for youth  Service provision for minorities  Service provision for children  Distribution of TV and radio content  Useful services and suchlike  Mobile phone service provision  Television/radio overview service provision  Educational services provision  Presence on global platforms  Services for external parties

In total, the survey includes about 120 services of varying nature and scope. According to NRK, this is a simplified survey of NRK's service provision, as NRK has several hundred million individual web pages that cover the various subject areas.

The Norwegian Media Authority has requested further information from NRK when required.

From NRK's account it follows that a number of the services are in development and that new features are 10 planned. In its review, the Norwegian Media Authority assesses the services as they stand at the time of the preparation of this report, i.e. May/June 2010.

1.4 Categorisation of the services

In order to carry out a clearly set out review of NRK's diverse services on new media platforms, it is necessary to group the services into categories. The Norwegian Media Authority's main grouping follows the media platforms, and is addressed in the following order: Internet, mobile platforms, digital television/digital radio, and platforms for external parties.

When it comes to NRK's Internet services, the Norwegian Media Authority has grouped these into categories characterised by the type of service provided. Many of these services are similar in form, and the Norwegian Media Authority finds it appropriate to make a collective assessment of them. The Norwegian Media Authority has grouped the services of NRK's survey into the various categories.

The services addressed as part of the various categories can be considered examples of services of the category of that service. Services in the same category can differ from each other. The variety in elements, design and purpose, contributes to the need for several services to be assessed individually.

The Norwegian Media Authority has grouped NRK's Internet services into eight main categories. The categorisation attempts to group services that have related content and/or are related in their relevance vis-à- vis the Statutes. The Norwegian Media Authority employs the following main categories:

 Re-publication of radio stations and television channels

This refers to ensuring availability of radio and television programmes on the Internet.

 Extension of radio and televisions programmes

With this, the Norwegian Media Authority refers to content on the Internet that originates directly from NRK's radio and television programmes. Typical examples are the home pages for NRK's many programmes.

 Separate Internet radio and Internet television service provision

Radio and television service provision developed specifically for the Internet.

 Fixed subject areas and target groups

Fixed subject areas we understand as Internet pages that are used editorially through the use of moving pictures, sound and text within fixed subject areas in NRK's activities. A number of these fixed subject areas and target groups are listed in he NRK Statutes article 17 letter a.

 Interactive participation

Interactive participation encompasses services and games that stimulate interactive participation, cf. article 17 letter a final bullet point.

 Data base services

Data base services refers to services that contain information that is less worked up and more homogeneous than traditional editorial content. Commonly, the dissemination is to a larger extent governed by the users and their individual interests. The services can also be called useful services or information services.

 Activities on external web pages

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With activities on external web pages, the Norwegian Media Authority refers to NRK's presence and participation on external media organisations' web pages, e.g. Facebook and YouTube.

 Information pages concerning NRK's service provision

This category encompasses Internet pages with information about various parts of NRK's service provision.

Each category constitutes a chapter in the report. A number of NRK's services contain elements that in principle allow them to be grouped in several categories. In its review, the Norwegian Media Authority assesses what category the services are related the most strongly to, and reviews the services in those categories.

Services on other relevant media platforms are addressed in the following chapters:

 Mobile platforms

With mobile platforms, the Norwegian Media Authority refers to services developed for mobile television, mobile phones and similar services.

 Digital television/digital radio

With digital television/digital radio, the Norwegian Media Authority refers to NRK's digital television channels and radio stations, as well as digital teletext.

 Services for external platforms

With services for external platforms, the Norwegian Media Authority refers to content that NRK provides free of charge to external parties, such as the Airport Express Train [Flytoget]. 12

2 Review of NRK's existing services on new media platforms

2.1 Internet

2.1.1 Re-publication of radio stations and television channels

In this category, the Norwegian Media Authority groups services that make radio and television programmes available on the Internet.

Services in this category

Of the services NRK have reported to the Norwegian Media Authority, the following fall under the category re-publication of radio stations and television channels . NRK's descriptions of the services are in italics:

 Mánáid-TV Sami language Internet television for children. Approx. 12 000 unique users a month. nrksuper.no/super/program/manaidtv

 Internet television Close to 100 000 individual programmes/clips divided on 895 series/programme categories. Up to 1.5 million unique users a month. nrk.no/nettv

 Internet radio All of NRK's 15 radio stations are broadcast live on the NRK Internet radio. More or less all of the radio programmes of the three main stations P1, P2 and P3 – close to 2 000 hours – are available at all times inside the three weeks following the live broadcast. Up to 300 000 unique users a month. nrk.no/radio

 Teletext All teletext pages can also be viewed online. Approx. 25 000 unique users a month. Many senior citizens use the service. nrk.no/teksttv

 Podcast Podcasts are sound and video files the public can download to sound/video players (e.g. iPod) or mobile phones. NRK's podcast service provision encompasses 15 television series and 82 radio programmes that are updated daily or weekly. Up to 200 000 users a month. nrk.no/podkast

 BitTorrent BitTorrent is a file sharing system for the distribution of files. This method is used to distribute music that is illegally copied, but it is also powerful tool for distributing large files to many people at the same time. NRK wishes to offer legal and copyright cleared content to the public. To start with, the service provision is an experiment with this method of distribution, but NRK aims to expand the service provision in 2010 and 2011. To this day, 142 programmes have been made available for downloading. The most popular have been Bergensbanen – minutt for minutt, Der ingen skulle tru, 330-skvadronen and Kometkameratene. video.nrkbeta.no/torrents

The Norwegian Media Authority's assessment

A number of NRK's statutes instruct NRK to make its programme service provision available on the Internet 13 and new platforms. The requirement of expanded availability follows from articles 17 letter b, 14 letter h, 13 and 13 letter d:

Article 17 b. The NRK shall make as many as possible of its radio and television programmes available on the Internet, both for simultaneous distribution and as an archive service for download and/or individual playback. This shall at least include making available all of its in-house productions broadcast during the previous seven days as an archive service, provided that this does not involve excessive costs. The NRK shall make efforts to ensure that as much as possible of the remaining material broadcast during the previous seven days is made available as an archive service.

Article 14 h. The NRK shall disseminate Norwegian cultural heritage. This includes the NRK’s archives. The NRK shall make efforts to digitise these archives and make them available to the public. The archive facility shall be mainly free of charge.

Article 13. The NRK shall be generally available.

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

NRK's services in this category can contribute to the availability of NRK's programmes on the Internet, and thus have a clear basis in the Statutes.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category re-publication of radio and television channels can form part of NRK's public broadcasting mandate.

2.1.2 Extension of radio and television programmes

With this, the Norwegian Media Authority refers to content on the Internet that has an editorial relation to NRK's radio or television programmes. Typical examples are the home pages for NRK's many programmes.

Services in this category

The services NRK have reported that fall under this category can be divided in two: home pages for all programmes and home pages for specific programmes. The first category refers to all-round information regarding the extensive service provision of home pages for as much as 3610 radio and television programmes. In addition to this general description, NRK also mentions home pages for some specific programmes. NRK's descriptions of the services are in italics.

Home pages for all programmes:

 Home pages for programmes: Programme information and other similar service provisions for 3610 programmes. Is updated continuously with broadcasting time, video and sound recordings, and articles from the editorial offices. www.nrk.no/tv and www.nrk.no/radio

Home pages for specific programmes:

 Lydverket (Sound Works) Music programme with reviews, news blog, and exclusive music videos and live recordings from Norwegian and international artists. Approx. 100 000 unique users a month. www.nrk.no/lydverket 14

 Filmpolitiet (The Film Police) Filmpolitiet is NRK's new programme for on-screen entertainment – film, games, TV-series. Computer games and film are related media with many similarities. The service provision mainly consists of video reviews and a subjective news blog. In addition, a greater degree of interaction with the users is under development. The editorial office delivers content to the Internet ( nrk.no and p3.no ), radio (P3 and P1) and television (Tekno NRK 2, Førkveld NRK 1) The core target group is youth between 15 and 40. To be launched in May 2010.

 Juntafil Web page for young people containing information on sex and cohabitation, made in cooperation with the Centre for youth health, cohabitation and sexuality [Senter for ungdomshelse, samliv og seksualitet]. Sex encyclopaedia, questions and answers. Approx. 20 000 unique users a month. www.juntafil.no

 Blogs 10-20 blogs for various programmes on NRK Super, eg Krem Nasjonal. nrksuper.no/kremnasjonal

This service provision is extensive, and a number of the home pages contain elements that also fit other categories. This means that some elements of these services are assessed in other chapters, see item 2.1.6 on data base services .

The Norwegian Media Authority's assessment

NRK's survey includes both general information on NRK's home pages and information on home pages for specific programmes. When it comes to the home pages of the specific programmes – Juntafil, Lydverket, Filmpolitiet, and the programmes connected to blogs – the Norwegian Media Authority finds that these have thematic relevance for article 17 letter a third and fifth bullet point respectively of the Statutes:

17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  In-house productions for children and adolescents  Art and culture

When it comes to NRK's home pages for programmes in general, the Norwegian Media Authority finds that these can fall within the public broadcasting mandate through the editorial relation to the programmes, cf. item 1.2.1 of this report. The home pages have a basis in the editorial mandate of the NRK programmes, and can be a further development and extension of this programme service provision.

The NRK services that are extensions of radio and television programmes can also be linked to some of the more overarching requirements of the Statutes. It follows from article 13 in the NRK Statutes that:

Article 13. The NRK shall be generally available.

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

NRK's services in this category contribute to exhibit and make available NRK's programme service provision.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category extension of radio and television programmes can form part of NRK's public broadcasting mandate. 15

2.1.3 Separate Internet radio and Internet television service provision

This category encompasses services that both provide content from NRK's radio and television programmes, as well as content developed specifically for the Internet.

Services in this category

Of the services NRK have reported to the Norwegian Media Authority, the following fall under the category separate Internet radio and Internet television . NRK's descriptions of the services are in italics:

 Super-TV Separate Internet television for children with an extensive programme service provision for children, mainly based on NRK Super. Approx. 110 000 unique page views a week. nrksuper.no/super/tv

 Super-Radio Separate radio player for children with an extensive programme service provision for children, also available on DAB. nrksuper.no/super/radio

 P3TV Video service aimed at youth with Internet television content from the P3 universe.

 P3 Radioresepsjonen (P3 Radio Reception) 24 hour station with verbal content from the programme Radioresepsjonen. Available only on the Internet and on smartphone.

 P3 Pyro 24 hour music station for rock and metal. Available only on the Internet and on smartphone.

 P3 National Rap Show 24 hour music station for hip hop and og R’n’B. Available only on the Internet and on smartphone.

 P3 Urørt (Untouched) Internet radio station that provides the best from the Urørt collection, 24 hours a day.

The Norwegian Media Authority's assessment

Article 13 letter d of the Statutes reads as follows:

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

This makes it clear that NRK shall be present on all important media platforms in order to reach out as broadly as possible with its overall programme provision. The Norwegian Media Authority understands this statutory provision to mean that NRK is to use the Internet and other platforms to make already existing programme content available. A large part of the content of NRK's Internet radio and Internet television service provision consists of a re-publication of content from NRK's radio and television broadcasts. This part of the content can form part of the public broadcasting mandate with relevance for article 13 letter d of the Statutes. P3 Radioresepsjonen is among the services that do this and that as such are relevant for the compliance with article 13 letter d.

It follows from article 17 letter a of the Statutes that NRK shall provide an online service provision that does not only consist of text, but also of pictures and sound. This makes it clear that NRK can provide radio and 16 television produced in-house on the Internet. Article letter 17 a of the Statutes sets out specific requirements to the content of this service provision:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of: • National and international news • Separate provision of regional news and content • In-house productions for children and adolescents • Factual and background information in connection with news, public debates and current affairs • Art and culture • Sport and entertainment • Services and games that encourage interactive participation

Super-TV and Super-Radio are relevant for article 17 letter a third bullet point, which instructs NRK to provide in-house production content for children.

The other services – P3TV , P3 Pyro , P3 National Rap Show and P3 Urørt – are related to NRK's radio station for young people – P3 – and are as such relevant for article 17 letter a third bullet point, which instructs NRK to provide in-house production content for adolescents. The services are also relevant for article 17 letter a fifth and sixth bullet point, which instruct NRK to provide art and culture as well as sport and entertainment, on the Internet. When it comes to P3 Pyro , P3 National Rap Show og P3 Urørt it is in particular the musical provision of these services that is relevant for the requirement for art and culture.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority's finds that the services in the category separate Internet radio and Internet television service provision can form part of NRK's public broadcasting mandate.

2.1.4 Fixed subject areas and target groups

This category encompasses NRK's Internet services that have editorial processing of fixed subject areas and target groups. With the exception of the service provision to the Sami population, the fixed subject areas and target groups are listed in article 17 letter a of the NRK Statutes.

Services in this category

Of the services NRK have reported to the Norwegian Media Authority, the following fall under the category fixed subject areas and target groups . NRK's descriptions are in italics:

National and international news:

 News: Norway and the world NRK's news provision on the Internet. Between 1.5 and 2 million unique users a month. www.nrk.no

 Supernytt (also falls under the category of provision for children) News for children – news stories from news programmes for children, four times a week. nrksuper.no/super/supernytt

Separate regional news and content service provision:  Local news (also falls under the category news) Local news from twelve regional offices. Between 1 and 1.5 million users a month. www.nrk.no/distrikt

In-house production content for children and youth: 17

 NRK Super NRK's children web pages. Up to 400 000 unique users a month. nrksuper.no

 Children's television web pages Web pages for children between four and eight. Games, programme home pages and videos. To be relaunched in August 2010. nrksuper.no/barnetv/

 Mia/Biff Script-based blog where six children publish videos and blog comments. The page is moderated. Approx. 1 million played video clips as of February 2010. www.nrksuper.no/mia www.nrksuper.no/biff

 P3.no A focal point for the online service provision for young people. An interactive and experience- oriented Internet magazine with primary emphasis on youth entertainment, youth culture and youth life. Music, Internet television, games, competitions, events, and the best from the radio station P3, adapted for the Internet. To be relaunched 21 April with a major redesign.

Facts and background information for news, debate, and current social topics (also falls under the category news):

 Economy Economy news, exchange rates, shares, trusts, and similar services. Up to 250 000 unique users a month. nrk.no/okonomi

 Health and lifestyle Covers health, consumer material, and leisure pursuits, in a wide sense. Uses news, current topics, season, and general interest/debate as a starting point. Uses experts and collaborators when expedient. Approx. 300 000 - 400 000 unique users a month.

 Science and technology Consumer technology, computers and Internet, as well as popular science. Primary emphasis on how gadgets and new technology can be utilised, and how it affects us and society. Approx. 50 000 - 60 000 unique users a month.

 NRKBeta NRKbeta is NRK's playground for technology and new media, and is one of Norway's largest technology web sites. With NRKbeta, NRK attempts to share knowledge and experiences in new media with the public, and to arrange for enthusiastic debate and information exchange with the users. Up to 160 000 unique users a month. nrkbeta.no

Art and culture:

 Culture, entertainment and music. Reviews, author portraits, musician archive, and daily news from the cultural life of Norway. Approx. 300 000 - 400 000 unique users a month. www.nrk.no/kultur

 Film Reviews. Approx. 1 500 unique users a month. www.nrk.no/film

 Mufistar 18

Web site for music in Finnmark. Collaboration between Musikk i Finnmark and NRK Nordnytt. www.mufistar.no

Sports and entertainment:

 Sports news News service on football, alpine skiing, track and field athletics, golf, ski jumping, handball, ice hockey, martial arts, Nordic combined, cross-country skiing, motor sports, ice skating, snowboarding, cycling, and tennis. Up to 1.2 million unique users a month. www.nrk.no/sport

 Olympics, world championships, and other competitions In connection with large sporting competitions, NRK creates separate services. In connection with the Vancouver Olympics, NRK broadcast all disciplines live and maintained a continuously updated result service. In connection with the Vancouver Olympics, there were up to 154 000 unique visitors a day. These users watched more than 1 million hours of video of the events. www.nrkol.no

Service provision to the Sami population:

 Sámi Radio News service provision in both Norwegian and Sami, as well as the culture item Árdna and separate Sami language pages. Approx. 60-70 000 unique users a month. nrk.no/sami

Running and updated content:

 RSS Streaming of content from the news and other content areas. www.nrk.no/rss

A number of these services are extensive, and contain elements that also fit other categories in addition to fixed subject areas and target groups . This means that some elements of these services are assessed in other chapters, see item 2.1.5 on interactive participation .

The Norwegian Media Authority's assessment

Article 17 letter a of the Statutes reads as follows:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of: National and international news • Separate provision of regional news and content • In-house productions for children and adolescents • Factual and background information in connection with news, public debates and current affairs • Art and culture • Sport and entertainment • Services and games that encourage interactive participation

The bullet point concerning services and games that encourage interactive participation is different from the other items of Article 17 letter a, in that this does not pertain to a fixed subject area or target group, but refers to a type of services. The Norwegian Media Authority has placed this in a separate category called interactive participation . This type of services is addressed in item 2.1.5.

For most of the fixed subject areas and target groups, it follows clearly from article 17 letter a of the Statutes that NRK's services on the Internet shall include these subject areas. Therefore, it is not necessary to carry out a closer review of these services when assessing whether or not they fall within the public broadcasting 19 mandate.

Among the services that NRK have reported is also Sámi Radio . This is a service provision to the Sami population, and it is a service that the Norwegian Media Authority finds to fall under the category fixed subjects areas and target groups. In the assessment of whether an Internet service can form part of the public broadcasting mandate, the Norwegian Media Authority primarily looks to article 17. It does not follow from article 17 letter a that NRK is to provide Internet services to the Sami population. The Norwegian Media Authority will also assess the service vis-à-vis the other statutes, see item 1.2.2. Article 14 letter b of the Statutes reads as follows:

Article 14 b. The NRK shall help to strengthen Norwegian and Sami language, identity and culture. A large proportion of this provision shall be rooted in Norway and reflect Norwegian realities. The NRK shall broadcast programmes for national and linguistic minorities. The NRK shall provide daily broadcasts for the Sami population.

This statutory provision contains both overarching and more specific requirements. The concrete aspect of the requirement, that NRK shall provide programmes and daily broadcasts, seems to apply primarily to NRK's activities on radio and television. However, the more overarching aspect of the requirement, that NRK shall strengthen Sami language, identity and culture and reflect Norwegian realities, can apply to the entirety of NRK's activities. Therefore, the Norwegian Media Authority finds that service provision to the Sami population can fall within the public broadcasting mandate. This is also in accordance with the traditional public broadcasting principle of providing services for both narrow and broad target groups, as it follows from article 15 letter e of the Statutes.

Article 15 e. The NRK shall provide news, current affairs and culture features for both broad and narrow target groups, including its own culture programmes. Its programme provision shall reflect the diversity of the public at large. Among other considerations, the NRK’s provision as a whole shall appeal to all age groups.

RSS is a technology that offers streaming of content from the news and other content areas. The content that is provided through RSS will in large part be the same content as that which is provided through NRK's services under the category fixed subjects and target groups . As follows from article 17 letter a of the Statutes, NRK's service provision on the Internet shall be updated and running. The RSS service contributes to giving the public updated and running information on news and other content, and can thus form part of the public broadcasting mandate.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services of the category fixed subject areas and target groups can form part of NRK's public broadcasting mandate.

2.1.5 Interactive participation

This category encompasses services and games that encourage interactive participation. It follows from article 17 letter a final bullet point of the Statutes that NRK's online service provision shall include such services:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Services and games that encourage interactive participation

As a digital platform, the Internet allows for various forms of interactivity and two-way communication. The Statutes instruct NRK to take use of these opportunities. The Statutes do not define any limitations to what kind services and games encouraging interactive participation NRK can or should provide. The fact that NRK must provide games and interactive services on the Internet, does not necessarily mean that NRK should be able to provide any type of game or interactive service within the boundaries of its public broadcasting 20 mandate. Therefore, the Norwegian Media Authority looks to the other statutory provisions in the assessment of the various services in this category. If the service has a clear thematic basis in the other statutes, this will place the service more clearly within the public broadcasting mandate.

NRK has many various services that encourage interactive participation. The services that encourage interactive participation can be divided into the categories debate forum, games, and meeting places. The Norwegian Media Authority points out that there are no absolute borders between the categories, and that a number of the services contain elements that fit several categories.

2.1.5.1 Debate forum

The following services are based on interactive participation through debate and discussion. NRK's descriptions of the services are in italics:

 Debate forum Debate forum for a number of NRK editorial offices. History back to 2001. www.nrk.no/debatt

 Forum Discussion pages for children. Moderated. To be relaunched March 2010. nrksuper.no/superstore/forum

The Norwegian Media Authority's assessment

The NRK services that are based on interactive participation through debate and discussion are relevant for the public broadcasting mandate as it follows from article 12 letter b of the NRK Statutes:

Article 12 b. The NRK shall contribute to the promotion of public debate, and participate in ensuring that the whole population receives sufficient information to take an active part in democratic processes. (...)

In the Debate forum service, a number of the debates/discussions originate in NRK's programmes. Services with an editorial relation to NRK's programmes can fall within the public broadcasting mandate through this relation, cf. item 1.2.1.

The service Forum is aimed towards children and is as such especially relevant for the articles 15 letter i and 17 letter a third bullet point of the Statutes:

Article 15 i. The NRK shall promote children’s right to information and freedom of expression, and shield children from harmful forms of content. (...)

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  In-house productions for children and adolescents

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category debate forum can form part of NRK's public broadcasting mandate.

2.1.5.2 Games

The following services are games that encourage interactive participation. NRK's descriptions are in italics:

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 Superia Voyage of discovery in a mystical world full of exciting places and looming dangers. Downloadable game that requires membership and login. Players have sent in 14 000 drawing, musical pieces and other items a month. nrksuper.no/super/superia

 Spill Games made for children. Mix of pedagogical and entertaining games. nrksuper.no/super/spill

 Internet games Internet games is something p3.no provides in a limited selection: Radioresepsjonen's hangglider game, Whack-a-Rybak, and Where Is Obama are examples of small in-house production flash games that have gone from strength to strength on Facebook and the Internet both nationally and internationally.

The Norwegian Media Authority's assessment

It follows from the Statutes that NRK shall provide games that encourage active participation, cf. article 17 letter a final bullet point. NRK's reported services of this category are all games made for children and adolescents. These services are therefore relevant for NRK's public broadcasting mandate through article 17 letter a third bullet point of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  In-house productions for children and adolescents

The Norwegian Media Authority's conclusion

The Norwegian Media Authority's finds that the services in the category games can form part of NRK's public broadcasting mandate.

2.1.5.3 Meeting places and sharing services

The following services are based on interactive participation through social meeting places and sharing services. NRK's descriptions of the services are in italics:

 ”Torget” (The Market Place) and cultural calendar Torget is a local meeting place where the public can publish information from the local environment and also add events and similar items in the culture calendar. 10 000 - 15 000 unique users a month. www.nrk.no/torget

 Urørt (Untouched) Urørt is web site where Norwegian amateur bands can promote their music and the public can download it for free. Close to 270 000 various bands have added 74 000 tracks. In total, 52 million tracks have been downloaded or played. Approx. 100 000 unique users a month. www.nrk.no/urort

 Izu Sami language forum and member service for youth. Approx. 700 unique users a month. nrk.no/izu

 mP3-klanen (with news) Friend service for youth based around the radio station NRK mP3. Forum, music panel, news, chat, etc. Approx. 60 000 unique users a month. 22

www.nrk.no/klanen

 P3.no/sjef Service where the users set up their music playlists that are then played on P3.

 Medlemsklubb (Member Club) A friend forum for children (a kind mini version of Facebook) that is safe and monitored. 85 000 members as of 1 March 2010. nrksuper.no/superstore

 Hundeparken (The Dog Park) Social meeting place for children, with login. Approx. 1 200 users daily. nrksuper.no/hundeparken

The Norwegian Media Authority's assessment

It follows from the Statutes that NRK shall provide services that encourage interactive participation, cf. article 17 letter a final bullet point. However, services in the category meeting places must have thematic relevance for the Statutes in order to be able to form part of the public broadcasting mandate, as mentioned earlier in item 2.1.5.

The services Torget and Urørt fall thematically within the public broadcasting mandate through the provision of art and culture, cf. article 17 letter a fifth bullet point and article 14 letter f:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Art and culture

Article 14 f. The NRK shall disseminate Norwegian culture and a broad variety of Norwegian artistic expression by many different artists, independent environments and public culture institutions.

Furthermore, the services have thematic relevance for the Statutes by contributing to local presence, cf. article 14 letter a:

Article 14 a. The NRK shall reflect the geographical diversity of Norway and provide a satisfactory range of local programmes and maintain a local presence.

Medlemsklubb and Hundeparken are both services aimed towards children. Article 17 letter a third bullet point of the Statutes reads as follows:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  In-house productions for children and adolescents

These services do not primarily provide in-house production content for children, but are still in-house production provision for children by serving as arenas where children can interact with one another. The services are also relevant for article 15 letter i of the Statutes:

Article 15 i. The NRK shall promote children’s right to information and freedom of expression, and shield children from harmful forms of content. (…)

The type of services that Medlemsklubb and Hundeparken represent can contribute to interactivity, information and also social inclusion and acceptance. This is an example of a type of service that exploits the particular service provision possibilities that the Internet offer. The fact that NRK provides online social meeting places specifically aimed towards children can thus contribute to strengthen children's opportunities to express themselves.

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Izu and mp3-klanen provide in-house production content for adolescents, and thus have thematic relevance for article 17 letter a third bullet point (see above).

The service Izu is also relevant for article 14 letter b of the Statutes:

Article 14 b. The NRK shall help to strengthen Norwegian and Sami language, identity and culture. (…)

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services of the category meetings places can form part of NRK's public broadcasting mandate.

2.1.6 Data base services

Media companies often base their services on various forms of data bases. A typical example is the digital archives used in earlier editorial productions. It is common for the data bases discussed in this chapter that they are not archives meant exclusively for journalistic work, but contain all types of information. This information can consist of less worked up and more homogeneous data, and the dissemination is usually governed by the users and their individual interests. There is a large variation in the services when it comes to both content and form, but for this purpose they will all be referred to as data base services.

The Internet is based on digital technology that allows for effective storing and organisation of information in data bases. The Internet is part of NRK's public broadcasting mandate, and it is natural that data bases are considered among the services NRK can use in its dissemination activities. A data base is «empty» until it is filled and used in a way that can form part of the public broadcasting mandate.

NRK's data base services will in this review be divided into various subcategories. One subcategory is services based on the editorial activity of programmes; the services can for example be related to a television programme. Other services are more independent from given programmes, and instead function to a larger degree as independent information services. These services will in this review be grouped into three subcategories: Playlists and results, reference works and learning materials, and useful services based on various forms of collaborations with external organisations.

2.1.6.1 Data base services based on editorial activities

The services in this category are in various ways based on editorial activities in NRK's radio and television programmes. The services are also related to the services in the category extension of radio and television programmes , but can be discussed in this section as they contain data base services. NRK's descriptions of the services are in italics:

 Brennpunkt (Focal Point) Investigative Internet journalism, as in for example the mapping out of Hells Angels in Norway www.nrk.no/brennpunkt/broderskapet and the mapping out of mobile masts in Norway www.nrk.no/brennpunkt/multimedia/1.6696825

 Planteguiden (The Plant Guide) Planteguiden is an overview of useful and ornamental Norwegian plants, and incorporates a large plant lexicon with pictures and information. The service is connected to the programme Grønn Glede. Approx. 30.000 users a month during the season. nrk.no/planteguiden

 Mat (Food) The food pages contain recipes from NRK's food programmes, as well as a large recipe archive with several thousand various recipes. 24

nrk.no/mat

 Lykkespill (Lottery Games) NRK's result service for Lotto etc (Vikinglotto, Extra, Joker and Keno) www.nrk.no/lykkespill

The Norwegian Media Authority's assessment

As mentioned in item 1.2.1, the Norwegian Media Authority considers that services closely attached to NRK's editorial activity on radio and television can fall within the public broadcasting mandate through this relation. The services mentioned above present relevant background information for programmes or organise information that is presented in programmes.

The data bases connected to Brennpunkt make the programme's editorial fact basis available, and are part of the programme's investigative journalism. The other services also serve supporting functions for radio and television programmes: Planteguiden is connected to the programme Grønn Glede , Mat is connected to NRK's food programmes, and Lykkespill is connected to NRK's gambling programmes. Lykkespill makes the results from NRK's gambling programmes available. Lykkespill thus does not provide online gambling games, but can be regarded as an information service for television programmes that involve gambling. As mentioned, the Norwegian Media Authority considers that Internet services closely attached to NRK's editorial activity on radio and television can form part of the public broadcasting mandate through this relation, also where the services have no clear relevance for specific content requirements.

It follows from NRK's account that some of the services provide information that extend beyond what is presented in the programmes they are connected to. However, the services still have their basis in NRK's service provision on radio and television. For instance, Mat provides recipes that are not discussed in NRK's programmes, but can be regarded primarily as a recipe archive for food programmes. The Norwegian Media Authority points out that there is a limit as to how far Internet services connected to NRK's radio and television programmes can be further developed into independent services, while still be said to fall within the public broadcasting mandate, see item 1.2.1.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services of the category data bases based on editorial activities can form part of NRK's public broadcasting mandate.

2.1.6.2 Playlists and results

This category includes the services that have to do with archiving and providing information about the music played on the radio, as well as from sports events. NRK's descriptions of the services are in italics:

 Playlists Information about the music played in radio programmes. www.nrk.no/spillelister

 P3.no/spillelister Service that lists radio playlists in real time, and enables the users to export them directly to Wimp, Spotify, iTunes, etc. Is an external collaboration with the Swedish Radiofy.se.

 Result service NRK's result service for most sports disciplines. Live update of results from sports events and games in Norway and the world. www.nrksport.no/resultat

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The Norwegian Media Authority's assessment

NRK's playlists can be regarded as an information service on the music played in NRK's radio programmes. The playlists organise and make available information on NRK's programme service provision, and can thus be said to have relevance for article 13 of the Statutes:

Article 13. The NRK shall be generally available.

d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

Result service makes available the results of various sports and sports events. The service thus has relevance for article 17 letter a sixth bullet point of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Sport and entertainment

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category playlists and results can form part of NRK's public broadcasting mandate.

2.1.6.3 Reference works and learning materials

The services assessed here can be described as digital reference works and learning materials. The services are not connected to the editorial activity of individual programmes, but have an important function in providing content from NRK's archives. NRK's descriptions of the services are in italics:

 Fylkesleksikon (County Encyclopaedia) County encyclopaedia for the county Sogn og Fjordane. Extensive local encyclopaedia for Sogn og Fjordane, with more than 6000 articles as well as sound and video from NRK's archives. nrk.no/sfj/leksikon

 Nordisk forfatteratlas (The Atlas of Nordic Authors) Nordisk Forfatteratlas aims to stimulate the interest for Nordic literature in an exciting and visual way. The atlas gives information on Nordic literature, and inspires to increased reading of works written by Nordic authors. Cooperative project between NRK, Danmarks Radio, Sveriges Television and YLE (Finland). nrk.no/forfatteratlas

 NRK Skole (NRK School) NRK Skole is a different educational offer. It features several thousand television and radio clips made available for Norwegian pupils and teachers in the Norwegian school. The clips are searchable and connected to the official curricula competence goals and the electronic data base Grep. In this way, one can easily find relevant learning resources. The service is not launched, but is already in use by close to 20 000 users a month. nrk.no/skole

 Teknologi og Design (Technology And Design) Free electronic learning material with videos, tasks, and fact information for the class Technology and Design in secondary school. nrk.no/teknologi_og_design/

 Design og Håndverk (Design And Crafts) Web page with 3 - 4000 videos and a handful of quizzes intended as support for the textbooks in the 26

Design and crafts studies branch. nrk.no/design_og_handverk/

The Norwegian Media Authority's assessment:

 Fylkesleksikonet can contribute to fulfilling NRK's tasks related to making available factual knowledge, as they follow from article 17 letter a fourth bullet point. The service is also relevant for the obligations to more sparsely populated geographical areas as they follow from article 14 letter a of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Factual and background information in connection with news, public debates and current affairs

Article 14 a. The NRK shall reflect the geographical diversity of Norway and provide a satisfactory range of local programmes and maintain a local presence.

Nordisk Forfatteratlas can contribute to fulfilling NRK's tasks related to cultural content, as they follow from article 17 a letter fifth bullet point and article 15 letter g of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Art and culture

Article 15 g. The NRK shall mediate content from the Nordic countries, and help to disseminate knowledge of Nordic social conditions, culture and languages.

NRK Skole , Teknologi og Design , and Design og Håndverk are digital learning materials that are relevant for article 15 letter h of the Statutes:

Article 15 h. The NRK shall contribute to education and training, partly by offering content adapted for schools.

In all the services mentioned above, the making available of radio and television programmes in NRK's archives is an important element. The services thus have relevance for article 13 letter d and 14 letter h:

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

Article 14 h. The NRK shall disseminate Norwegian cultural heritage. This includes the NRK’s archives. The NRK shall make efforts to digitise these archives and make them available to the public. The archive facility shall be mainly free of charge.

These three services – NRK Skole , Teknologi og Design and Design og Håndverk – also involve a collaboration with and making available of learning materials from the school system, something which also is relevant for article 15 letter h (see above).

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category reference works and learning materials can form part of NRK's public broadcasting mandate.

2.1.6.4 Useful services based on collaboration

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Compared to the services discussed so far, these services provide more individually adapted information, and involve broader and running data processing in collaboration with external organisations. Using an umbrella designation for these services, they can be referred to as useful services, and are in varying degrees adapted to individual interests and daily use. NRK' descriptions of the services are in italics:

 Maktbasen (The Power Base) Thorough information on local and national politicians, what posts and economic interests they have. Up to 50 000 unique users a month. www.nrk.no/maktbasen/

 Skattelister (Tax Lists) Searchable tax lists and useful services that put income and wealth variations in Norway in context. In 2009 we focussed especially on economic differences between men and women. www.nrk.no/skatt

NRK has also provided the following additional information on Skattelister :

The service also provides many articles.

 Trafikk NRK has published traffic information, traffic deviation services and similar services on the Internet for four years. In 2010 the service provision will be expanded dramatically in a collaboration between NRK, Ruter, Trafikanten and the Norwegian Public Roads Administration. nrk.no/trafikk

NRK has also provided the following additional information on Trafikk:

NRK publishes extensive news content related to traffic every day, both on nrk.no/trafikk and on other web pages. On the new web pages, we will gather content that is produced throughout NRK, and coordinate the editorial service provision. Long-term we will get a share of archive content related to transport and communications, which will be used in the editorial coverage.

 yr.no Collaboration between NRK and The Norwegian Meteorological Institute. The weather service provides detailed forecasts for seven million locations in Norway and the world. Up to 6 million unique users a month (of which 25 % are Swedish). 95 % of Norwegian Internet users know of yr.no, 68 % uses the service regularly.

NRK has also provided the following additional information on yr.no :

Extensive editorial activity, mostly in the form of articles, but also with much multimedia content. yr.no has its own journalist, and content is also gathered from throughout NRK. The news stories on yr.no are very popular, and sometimes have more readers than Bergens Tidende (!). Between 300 000 and 800 000 unique users a month. During the last two years, approx. 50 archive clips have been made available, showing historical weather reports as well as videos of floods, storms and similar events. In addition, some videos related to “education purposes” – what are the various cloud types, how are they formed, etc – have been made available.

NRK is the responsible editor (the director-general) for yr.no. NRK provides the editor/project leader, a journalist, and two frontend-developers. NRK operates the front-servers and is responsible for design, navigation, etc. The Norwegian Meteorological Institute is responsible for the meteorological content, for the data basis, and for the operation of the backend system. They also contribute to the editorial content. Expenses beyond salaries to the respective employees, operation of the servers, and suchlike, are divided equally between the parties. There are few expenses connected to the annual budget of yr.no beyond salaries and the above-mentioned.

 UT.no Collaboration between NRK and the Norwegian Trekking Association. UT.no aims to become the 28

country's largest and most popular Internet service for people who enjoy outdoor life. UT.no shall be a meeting place, a planning tool, and a source of inspiration for hikes and experiences in the Norwegian nature. The first version was launched in May 2009, but services are still in development and the web site today has up to 50 000 unique users a month. ut.no

NRK has also provided the following additional information on UT.no :

There are extensive editorial activities on UT.no, mostly in the forms of articles, but also with much multimedia content. UT.no also has its own journalist, and content is also gathered from throughout NRK. The news stories on UT.no are very popular, and are what yields the largest online traffic in the service. There is extensive use of sound and video. In the map service, there are tags leading to some hundred archive video clips, allowing the user to «hike» from the living room.

NRK contributes with editorial content, interaction design, graphic design, and the organisation of the frontend interface, as well as operation of the frontend servers. The Norwegian Trekking Association contributes with information on all cabins (both their own and other cabins), suggested hikes, routes/paths, and hiking areas, as well as backend systems for these services and some editorial content. Both NRK and the Norwegian Trekking Association have permanent members in the project group, which continuously work to further develop the service.

The collaboration agreement with the Norwegian Trekking Association is set out so that the Norwegian Trekking Association covers the salary of its own project members and is responsible for the operation of backend systems, readying all of «its own» content, pictures, etc. Other expenses are common expenses that are shared equally. The collaboration agreement presupposes equality in the use of resources between the parties.

It is an aim of the service to not only provide information on the Norwegian Trekking Association's cabins and offers, but that other cabins and suggested hikes are just as visible as the Norwegian Trekking Association's. A new feature was added in May, with which the users can share their own hiking suggestions and tips. This service has become very, very popular through the course of only a few weeks.

The Norwegian Media Authority's assessment

From NRK's account, it follows that a number of the are services in development and that new features are planned continuously. The Norwegian Media Authority assesses the services as they stand at the time of the preparation of this report, i.e. May/June 2010.

These services consist of a number of various elements. Most of the services provide editorial content of various scope. However, the main focus of the services is provision of information that is not editorial content in the traditional sense, but more homogeneous information. To varying degrees, the services differ from NRK's traditional public broadcasting mandate, both when it comes to the way information is provided, and when it comes to what information is provided. Maktbasen and Skattelister enable the user to search for information on politicians and taxation, based on the data bases of public institutions. Trafikk provides running traffic information, based on NRK's traffic editorial office and information from the Norwegian Public Roads Administration. y r.no enables the user to search for updated weather forecasts for various locations, based on data from the Norwegian Meteorological Institute. UT.no enables the user to plan hikes based on data from the Norwegian Trekking Association, data that include hiking suggestions, hiking maps, activity calendar, sleepover options, and other tourist information.

These services are not based on editorial activity in NRK's radio and television programmes, but can be regarded as independent services. According to NRK's account, the services differ from NRK's traditional service provision in several ways. For the review of these services, it will therefore be of particular relevance to assess how they stand vis-à-vis the services that traditionally have formed part of NRK's public broadcasting mandate, see item 1.2.1.

29

It is special for these services that they are based on various forms of cooperation and collaboration with external organisations. One can distinguish between two main forms. Maktbasen , Skattelister and Trafikk obtain information from external organisations, while the NRK itself operates the services and the information provision. y r.no and UT.no are not based on information from external organisations, but are also web sites in their own right that NRK have established in collaboration with external organisations.

Various issues come to the fore when NRK establishes services in collaboration with external organisations, as NRK does with yr.no and UT.no . In its review, the Norwegian Media Authority assumes that NRK can do this, so long as the services fall within the public broadcasting mandate and comply with the NRK Statutes. The Norwegian Media Authority notes that external organisations can be governed by other considerations than NRK, and that collaboration with external organisations can conflict with NRK's public broadcasting mandate. It is especially important to assess whether the services are in accordance with articles 12 letter d and 16 of the Statutes:

Article 12 d. The NRK shall have editorial independence. The NRK shall safeguard its integrity and credibility in order to be able to operate freely and independently in relation to persons or groups that, for political, ideological, economic or other reasons, wish to exert influence on its editorial content. Activities shall be characterised by a high ethical standard and provide a balanced representation over time. An attempt shall be made to achieve objectivity and an analytical and neutral approach, cf. the self-regulatory mechanisms of the Norwegian press: the Rights and Duties of the Editor, the Code of Ethics and the Code of Ethics for Text Advertising .

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

These statutes set out fundamental principles for NRK's public broadcasting mandate that NRK's services must be in accordance with to be able to form part of the public broadcasting mandate, as accounted for in item 1.2.2.

Maktbasen (The Power Base)

Maktbasen provides access to information on local and national politicians, what posts and economic interests they have. The service is based on public information obtained in part from the Ministry of Local Government and Regional Development, the home pages of the Storting, and the Brønnøysund Register Centre, as well as on information on the politicians' roles in various companies obtained from Visma Bizweb. 5 Maktbasen provides information of relevance to Norwegian politics and democracy, both on a local and national level. With its information on Norwegian politicians, Maktbasen can be regarded as relevant to article 12 letter b and article 17 letter a fourth bullet point:

Article 12 b. The NRK shall contribute to the promotion of public debate, and participate in ensuring that the whole population receives sufficient information to take an active part in democratic processes. The NRK shall provide a broad and balanced coverage of political elections. All parties and lists over a certain size shall normally be included in the editorial election coverage.

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Factual and background information in connection with news, public debates and current affairs

The Norwegian Media Authority finds that on this basis, Maktbasen can form part of NRK's public broadcasting mandate.

The Norwegian Media Authority's conclusion

5 Information about the service is available here: http://nrk.no/maktbasen/index.php?info

30

The Norwegian Media Authority finds that the service Maktbasen can form part of NRK's public broadcasting mandate.

Skattelister (Tax Lists)

Skattelister makes available information from the Norwegian Tax Administration's lists of the taxpayers' tax certificates. The Norwegian Tax Administration provides access to the tax lists, while NRK with this service disseminates the information from the tax lists. The Norwegian Tax Administration's tax lists are openly available and are disseminated by many media companies. The tax payers' tax certificate information can be organised and disseminated in various ways. NRK states that Skattelister puts variations in income and wealth in Norway in context, and that the service has focused on economic differences between men and women.

To provide tax certificate information of individual tax payers can not be said to have clear relevance for the NRK Statutes. However, the way NRK puts the tax certificate information in context and relates it to economic differences between various groups, supports the fact that Skattelister can have relevance for article 17 letter a fourth bullet point of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Factual and background information in connection with news, public debates and current affairs

The service Skattelister can be said to contribute with facts and background information for current affairs. In the same way, it can be said to have relevance for the more overarching requirement of article 12 letter b of the Statutes:

Article 12 b. The NRK shall contribute to the promotion of public debate, and participate in ensuring that the whole population receives sufficient information to take an active part in democratic processes.

The Norwegian Media Authority finds that NRK's provision of tax certificate information from the Norwegian Tax Administration can be said to have thematic relevance for the Statutes.

Skattelister also include written articles connected to the topic. This part of the service also has relevance for article 17 letter a fourth bullet point and article 12 letter b.

The Norwegian Media Authority finds that the making available of the Norwegian Tax Administration's tax lists in itself does not fall clearly within NRK's public broadcasting mandate. However, NRK's processing and editorial editing of the information means that the service still could form part of the mandate. After a full assessment, where NRK's processing of the information in the tax lists is emphasised, the Norwegian Media Authority finds that the service can form part of the public broadcasting mandate.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the service Skattelister can form part of NRK's public broadcasting mandate.

Trafikk (Traffic)

According to NRK, the service Trafikk is to be expanded dramatically in the course of 2010, in collaboration with Ruter, Trafikanten, and the Norwegian Public Roads Administration. The Norwegian Media Authority notes that its assessment is of the service as it stands in May/June 2010. The service currently consists of running traffic updates, which NRK provide on the basis of NRK's traffic editorial office and information from the Norwegian Public Roads Administration. 31

Trafikk can not be said to have a clear thematic basis in the NRK Statutes. However, information on traffic has daily relevance for a large part of the public, and has special relevance with regards to safety and state of readiness in connection with Norwegian infrastructure. Even though the basis in the NRK Statutes is not clear, the Norwegian Media Authority finds that the services can have relevance for the overarching requirement in article 12 letter a of the Statutes:

Article 12 a. The NRK’s overall public service broadcasting provision shall aim to fulfil democratic, social and cultural needs of society.

As mentioned in item 1.2.1, the Norwegian Media Authority considers it relevant to look to what NRK traditionally have provided as part of the public broadcasting mandate. Traffic updates has traditionally formed part of NRK's service provision as a standard feature, and are broadcast in association with NRK's news broadcasts on radio. The service has a basis in NRK's daily service provision, and ensures a public service that NRK traditionally has ensured. Considering that traffic updates naturally have formed part of NRK public broadcasting mandate, the Norwegian Media Authority finds it reasonable that NRK shall be able to provide the same type of information also on new platforms.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the service Traffic can form part of NRK's public broadcasting mandate.

Yr.no yr.no is based on a collaboration between NRK and the Norwegian Meteorological Institute, and is a separate web site the two organisations have established in partnership. The service is a special service for weather information, and provides large amounts of data on weather through simple user interfaces adapted to individual needs.

The Norwegian Media Authority's assessment of yr.no comes in two parts. Firstly, it is assessed whether the weather service provided on yr.no can be said to have thematic relevance for NRK's public broadcasting mandate. Secondly, the Norwegian Media Authority examines the collaboration between NRK and the Meteorological Institute, and assesses whether this collaboration is in accordance with the NRK Statutes. yr.no can not be said to have a clear thematic basis in the NRK Statutes. However, information on the weather has daily relevance for large parts of the public, and has special relevance with regards to safety and state of readiness. Even if the basis in the NRK Statutes is not clear, the Norwegian Media Authority finds that the service can have relevance for the overarching requirement in article 12 letter a of the Statutes:

Article 12 a. The NRK’s overall public service broadcasting provision shall aim to fulfil democratic, social and cultural needs of society.

As mentioned in item 1.2.1, the Norwegian Media Authority considers it relevant to look to what NRK traditionally has provided as part of its public broadcasting mandate. Weather forecasts have traditionally formed part of NRK's service provision as a standard feature, and are broadcast in association with NRK's news broadcasts on radio. The service has a basis in NRK's daily service provision, and ensures a public service that NRK traditionally has ensured. Considering this, the Norwegian Media Authority finds it reasonable that NRK shall be able to provide the same type of information also on new platforms.

In addition to the provision of weather data, yr.no contains text-based editorial pieces related to weather and climate issues in the form of news and background pieces. This part of the service has relevance for article 17 letter a first and fourth bullet point of the Statutes:

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of: 32

 National and international news  Factual and background information in connection with news, public debates and current affairs

According to NRK's account, the service also provides video clips thematically related to weather from NRK's archive. This part of the service has relevance for article 13 letter d:

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

The Norwegian Media Authority points out that there is a limit to how far Internet services can be developed into more independent services, even though they are related to NRK's traditional activity on radio and television, see item 1.2.1. In its assessment, the Norwegian Media Authority stresses the fact that weather forecasts have a strong basis in NRK's service provision on radio and television, and that the service is limited to providing weather data and editorial content concerning weather and climate.

The Norwegian Media Authority will now take examine the collaboration between NRK and the Norwegian Meteorological Institute, and assess whether this collaboration is in accordance with the NRK Statutes. Article 12 letter d of the Statutes sets out fundamental premises for NRK's public broadcasting activity, and is important for the assessment of NRK's relations to external organisations.

Article 12 d. The NRK shall have editorial independence. The NRK shall safeguard its integrity and credibility in order to be able to operate freely and independently in relation to persons or groups that, for political, ideological, economic or other reasons, wish to exert influence on its editorial content. Activities shall be characterised by a high ethical standard and provide a balanced representation over time. An attempt shall be made to achieve objectivity and an analytical and neutral approach, cf. the self-regulatory mechanisms of the Norwegian press: the Rights and Duties of the Editor, the Code of Ethics and the Code of Ethics for Text Advertising.

Issues related to editorial independence are especially relevant when a separate web site has been established where long-term and systematic collaboration takes place, and where NRK stands as responsible editor. The Norwegian Media Authority is of the opinion that NRK can contribute with editorial content to a service that is run in collaboration with an external organisation, as long as the collaboration does not conflict with the requirement of editorial independence. For this requirement to be met, NRK must safeguard its credibility and integrity in its collaboration with organisations that may have political, ideological or economic reasons for exerting influence on the editorial content.

The Norwegian Meteorological Institute is a public service that works to enable the government, the private sector, institutions, and the public to be able to protect life and property, and to enable planning and environmental protection. 6 Thus, it can not be ruled out that the Norwegian Meteorological Institute may have political, ideological or economic reasons for exerting influence on the editorial content of yr.no .

The risk for NRK's editorial independence increases further if the collaboration is close and extensive, if the collaboration can contribute to economical gains for the external organisation, if the collaboration gives exclusive rights to NRK, and if the external organisation contributes with editorial content that is published on the web site.

NRK and the Norwegian Meteorological Institute collaborate both on the editorial content and on the provision of weather data. When it comes to the provision of weather data, NRK operates the front-servers and is responsible for design and navigation, while the Norwegian Meteorological Institute is responsible for the meteorological content, the data basis, and the operation of the backend system. However, the collaboration is limited to provision of weather data and text-based pieces related to weather and climate issues, and so is not very extensive.

Weather data consists of straightforward factual information, and the provision of this information can

6 Information about the Norwegian Meteorological Institute is available here: http://met.no/Om_oss/Om_Meteorologisk_institutt/ 33 therefore not be said to risk being influenced by any political, ideological and economic interests the Norwegian Meteorological Institute may have.

To a limited extent, the Norwegian Meteorological Institute provides paid services, but there are no references to commercial services on yr.no . The collaboration on yr.no therefore does not contribute to economical gains for the Norwegian Meteorological Institute, and there is as such no special risk that the Norwegian Meteorological Institute can have economic interests in the collaboration on yr.no .

According to the yr.no web site, the access to the weather data is not exclusive to NRK, but is open for everyone. 7

When it comes to the editorial content on yr.no , it follows from NRK's account that NRK contributes with an editor/project leader and a journalist, and that the Norwegian Meteorological Institute also contributes to some of the editorial content. The collaboration thus does not only enable the Norwegian Meteorological Institute to exert influence on NRK's editorial content, but also enables the Norwegian Meteorological Institute to partake in creating the editorial content that NRK is responsible for.

After a full assessment, in which the points above are taken into consideration, the Norwegian Media Authority finds that the collaboration between NRK and the Norwegian Meteorological Institute only to a limited extent can be said to put NRK's editorial independence at risk. The Norwegian Media Authority finds that the collaboration with the Norwegian Meteorological Institute cannot be said to conflict with the requirement for safeguarding NRK's integrity and credibility, provided that there is a clear distinction between NRK's editorial activity and the editorial activity of the Norwegian Meteorological Institute.

Another condition for NRK being able to collaborate with an external organisation is that the service of the collaboration is not commercial, as follows from article 16 of the Statutes:

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

a. The NRK’s editorial decisions shall not be guided by commercial considerations.

However, article 16 letter c of the Statutes allows for NRK to have advertising on its own web pages:

c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. (...)

In the view of the Norwegian Media Authority, this means that the Statutes do not hinder the service yr.no for having advertising too. Beyond this, it follows from article 16 that yr.no can not provide or promote commercial services. y r.no can be regarded as a service without such commercial references, to neither NRK's own services nor other parties' services, and in the view of the Norwegian Media Authority, it is therefore in accordance with article 16.

The Norwegian Media Authority finds that provision of weather data, as well as provision of editorial content about weather and climate, can form part of NRK's public broadcasting mandate. The Norwegian Media Authority finds that the collaboration with the Norwegian Meteorological Institute can not be said to conflict with the requirements for safeguarding NRK's integrity and credibility. This on the condition that there is a clear distinction between NRK's editorial activity and the editorial activity of the Norwegian Meteorological Institute. Furthermore, the service yr.no is non-commercial, and is thus in accordance with article 16 of the Statutes. After a full assessment, the Norwegian Media Authority finds that yr.no can form part of NRK's public broadcasting mandate.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that yr.no can form part of the public broadcasting mandate.

7 The practice is set out here: http://www.yr.no/ver-nytt/1.3344083 34

UT.no

UT.no is a service for people interested in outdoor activities, based on a collaboration between NRK and the Norwegian Trekking Association. UT.no is a separate web site the two organisations have established in partnership. According to NRK's account, UT.no aims to become the country's largest and most popular Internet service for people who enjoy outdoor life. The service is a tool for hike planning, and provides hike suggestions, hiking maps with routes, sleepover options, activity and course calendar, transport information, and other hiking information. The service also provides editorial pieces on various hiking options and video clips from NRK's archive.

The hiking planning service UT.no differs from the useful services discussed above. Maktbasen, Skattelister, Trafikk and yr.no are services that make information available about politicians, taxation, traffic, and weather respectively, while UT.no is a planning service designed to provide what is needed for outdoor hiking trips.

The Norwegian Media Authority's assessment of UT.no comes in two parts. Firstly, it is assessed whether the outdoor services provided on UT.no can be said to have thematic relevance for NRK's public broadcasting mandate. Secondly, the Norwegian Media Authority examines the collaboration between NRK and the Norwegian Trekking Association, and assesses whether this collaboration is in accordance with the NRK Statutes.

It does not follow clearly from the Statutes that NRK is to provide services related to outdoor life. However, UT.no can still be said to have relevance for article 14 of the Statutes:

Article 14. The NRK shall strengthen Norwegian language, identity and culture.

a. The NRK shall reflect the geographical diversity of Norway and provide a satisfactory range of local programmes and maintain a local presence.

b. The NRK shall help to strengthen Norwegian and Sami language, identity and culture. A large proportion of this provision shall be rooted in Norway and reflect Norwegian realities.

The service can be said to reflect the geographical diversity and to strengthen Norwegian identity and culture. However, the requirements are of an overarching character, and the connection to outdoor life is weak.

UT.no can be regarded as an independent service without any editorial connection to specific programmes broadcast on radio and television, as opposed to for example the services Mat and Planteguiden assessed above. As mentioned in item 1.2.1, the Norwegian Media Authority considers that it can be relevant to look to what NRK traditionally has provided as part of its public broadcasting mandate. This is especially relevant for the assessment of services that have no clear relevance for the Statutes and that are not editorially connected NRK's programmes on radio and television.

NRK has traditionally broadcast programmes on radio and television related to the topic of outdoor life. In this way, NRK has provided editorial productions that offer experiences from Norwegian outdoor life to the public. UT.no , on the other hand, can be regarded as a planning service, helping the users keeping informed about hiking options and outdoor offers in their own hiking preparations. As such, UT.no differs from NRK's traditional service provision on outdoor life. Trafikk and yr.no , on the other hand, largely provide the same information that NRK traditionally has provided on radio and television. Furthermore, even if outdoor life is a subject that traditionally has been covered on radio and television, the subject's basis in NRK's public broadcasting mandate is not of the same type as with the subjects traffic and weather, among others. While information on traffic and weather has daily relevance for large parts of the public, and addresses general interests such as safety and state of readiness, the same can not be said about information on outdoor life.

When it comes to the provision of nature clips from NRK's archive, this has relevance for the articles 13 letter d and 14 letter h:

Article 13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision. 35

Article 14 h. The NRK shall disseminate Norwegian cultural heritage. This includes the NRK’s archives. The NRK shall make efforts to digitise these archives and make them available to the public. The archive facility shall be mainly free of charge.

Considering that NRK traditionally has broadcast programmes on radio and television related to the subject outdoor life, the Norwegian Media Authority finds that NRK also can provide editorial content on outdoor life on the Internet, as well as nature clips from NRK's archive.

However, there is a limit for what kind of Internet services NRK can develop into more independent services, even if they are related thematically to content in NRK's radio and television programmes, see item 1.2.1. The Norwegian Media Authority finds that an independent hiking planning service has low relevance for the Statutes and also is fundamentally different from NRK's traditional public broadcasting activity.

The Norwegian Media Authority will now examine the collaboration between NRK and the Norwegian Trekking Association, and assess whether this collaboration is in accordance with the NRK Statutes. Article 12 letter d of the Statutes sets out fundamental premises for NRK's public broadcasting activity, and is important for the assessment of NRK's relationship to external organisations.

Article 12 d. The NRK shall have editorial independence. The NRK shall safeguard its integrity and credibility in order to be able to operate freely and independently in relation to persons or groups that, for political, ideological, economic or other reasons, wish to exert influence on its editorial content. Activities shall be characterised by a high ethical standard and provide a balanced representation over time. An attempt shall be made to achieve objectivity and an analytical and neutral approach, cf. the self-regulatory mechanisms of the Norwegian press: the Rights and Duties of the Editor, the Code of Ethics and the Code of Ethics for Text Advertising.

Issues related to editorial independence are especially relevant when a separate web site has been established where long-term and systematic collaboration takes place, and where NRK stands as responsible editor. The Norwegian Media Authority is of the opinion that NRK can contribute with editorial content to a service that is run in collaboration with an external organisation, as long as the collaboration does not conflict with the requirement of editorial independence. For this requirement to be met, NRK must safeguard its credibility and integrity in its collaboration with organisations that may have political, ideological or economic reasons for exerting influence on the editorial content.

The Norwegian Trekking Association is an outdoor organisation working to secure the natural and cultural basis for outdoor life. The Norwegian Trekking Association is organised in member clubs. For a fee, the member clubs offer memberships that give with advantages when using the services of the organisation. The Norwegian Trekking Association has tourist cabins at many tourist spots in Norway, where they offer various services for payment. 8 As such, the Norwegian Trekking Association may have political, ideological and economic reasons for exerting influence on the editorial content of UT.no , and the Norwegian Media Authority thus finds that NRK's editorial independence can be put at risk.

The risk for NRK's editorial independence increases further if the collaboration is close and extensive, if the collaboration can contribute to economical gains for the external organisation, if the collaboration gives exclusive rights to NRK, and if the external organisation contributes with editorial content that is published on the web site.

In collaboration with NRK, the Norwegian Trekking Association contributes with information on cabins, suggested hikes, routes/paths, and trekking areas, as well as operation of frontend systems on UT.no . According to NRK's account, the collaboration is extensive, and the collaboration agreement presupposes equality in the use of resources between the parties. The parties thus collaborate both on editorial content and on the provision of hiking information of various kinds.

The collaboration can be described as close and extensive. NRK and the Norwegian Trekking Association do

8 Information on The Norwegian Trekking Association is available here: http://www.turistforeningen.no/index.php?fo_id=991 36 not only collaborate on tools for hiking planning and provision of suggested hikes, hiking maps with routes, sleepover potions, activity and course calendar, and other tourist information, but also collaborate on editorial pieces on various hiking options. In addition, video clips from NRK's archive are provided. Both the editorial content and the provision of tourist information risk being influenced by any political, ideological and economic interests the Norwegian Trekking Association may have.

Since the Norwegian Trekking Association receives its income from member recruitment and outdoor services, and since the collaboration can contribute to economic gains for the Norwegian Trekking Association, there is a particular risk that the Norwegian Trekking Association may have economic interests in the collaboration on UT.no .

Furthermore, it is problematic if the collaboration with the Norwegian Trekking Association gives NRK exclusive access to information, as this may put NRK in a state of dependence vis-à-vis the Norwegian Trekking Association.

According to NRK's account, the Norwegian Trekking Association too contributes with editorial content for UT.no . As such, the collaboration not only enables the Norwegian Trekking Association to exert influence on NRK's editorial content, but also enables the Norwegian Trekking Association to partake in creating the editorial content that NRK is responsible for.

The Norwegian Media Authority is of the opinion that NRK can not be said to have set up the collaboration on UT.no in such a way as to adequately safeguard NRK's integrity and credibility to be able to act as free and independent. Therefore, the Norwegian Media Authority finds that the collaboration between NRK and the Norwegian Trekking Association is problematic in light of article 12 letter d of the Statutes.

Another condition for NRK being able to collaborate with an external organisation, is that the service of the collaboration is not commercial, as follows from article 16 of the Statutes:

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

a. The NRK’s editorial decisions shall not be guided by commercial considerations.

d. Licence fees and other public income shall not be used to subsidise commercial activities. There shall be a clear distinction as regards accounts and operations between the NRK’s commercial activities and public service broadcasting activities.

However, article 16 letter c of the Statutes allows for NRK to have advertising on its own web pages:

c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. (...)

In the view of the Norwegian Media Authority, this means that also the service UT.no can have advertising. Beyond this, it follows from article 16 that UT.no can not provide or promote commercial services. UT.no contains references to commercial services, amongst other things tourist cabins, and with the collaboration, NRK risks contributing to the promotion of these. This applies both to NRK's editorial activity and the operation of the service in general. Therefore, the Norwegian Media Authority finds that the service UT.no is not in accordance with the requirement for NRK's public broadcasting provision to be non-commercial. The problematic issues with NRK referencing to one organisation's commercial services is not counteracted by the fact that also other organisations' commercial services are referenced.

The Norwegian Media Authority is of the opinion that NRK can provide Internet pages with editorial content on outdoor life. However, it is the view of the Norwegian Media Authority that an independent hiking planning service has low relevance for the Statutes and also is fundamentally different from NRK's traditional public broadcasting activity. Furthermore, it is the view of the Norwegian Media Authority that a collaboration with an external outdoor organisation with political, ideological and economic interests can be problematic, as such a collaboration can put NRK's editorial independence at risk. Since the collaboration can contribute to economic gains for the Norwegian Trekking Association, there is a particular risk that the Norwegian Trekking Association may have economic interests for influencing the content on UT.no. 37

Furthermore, it is problematic that the Internet service references commercial services related to outdoor life. After a full assessment, where the risk the service represents for NRK's editorial independence and the requirement for NRK to be non-commercial is emphasised heavily, the Norwegian Media Authority finds that UT.no can not form part of NRK's public broadcasting mandate.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority concludes that the service UT.no can not form part of NRK's public broadcasting mandate.

2.1.7 Activities on external web sites

With activities on external websites , the Norwegian Media Authority refers to NRK's presence on external media organisations' web sites, e.g. Facebook and YouTube.

Services in this category

Of the services NRK have reported to the Norwegian Media Authority, the following falls under the category activities on external web sites . NRK's descriptions are in italics:

 Social platforms like Facebook and Twitter Individual employees, programmes and departments are present on the most common social media, in order to connect with and be available to the public. Example: Himmelblå on Facebook: http://www.facebook.com/pages/Himmelbla/77412775234 Example: NRKbeta on Twitter http://twitter.com/nrkbeta

 Content web sites NRK has a share of content available on various content web sites. Youtube: Much NRK content finds its way to YouTube no matter what, and NRK therefore wishes to provide the license fee payers with content that is copyright cleared and of good quality, rather than there being extensive illegal activity. youtube.com/nrk For example, the clip " Medieval Helpdesk " has 2 million views on NRK'S account. Flickr: NRK P3 freely shares all concert pictures they have the right to share, the NRKbeta editorial office publishes as many as possible of its pictures for free use. flickr.com/nrkbeta flickr.com/nrk-p3

 Experiments NRK continuously carries experiments on new platforms in order to stay ahead of the development. During the spring 2007, we experimented on Facebook with Harald Eia's fictional character Rubenmann, and created a virtual concert stage on Second Life. As of today, Facebook is Norway's most trafficked web site, while Second Life found only passing popularity. Back then, this was not possible to foretell.

The Norwegian Media Authority's assessment

In this item, NRK's activity on external media organisations' web sites assessed, and it is assessed whether or not this activity can form part of the public broadcasting mandate. The activity largely consists of provision and making available of NRK's already existing content. As such, this part of the activity is relevant for article 13 of the Statutes:

Article 13 The NRK shall be generally available.

d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision. 38

NRK's activity on the web sites of external media organisations can contribute to wider availability, and NRK can in this way reach out more broadly with its overall programme provision. This applies especially to NRK's activity on c ontent web sites , which include NRK content on YouTube, among others.

NRK's activity on social platforms like Facebook and Twitter does not primarily take the form of re- publication of existing content, but rather of an expanded visibility of NRK's content provision. The Norwegian Media Authority finds that this type of activity can contribute making NRK generally available. At the same time, the activity can contribute to interactive participation on the part of the public, cf. article 12 letter b and 17 letter a final bullet point:

Article 12 b. The NRK shall contribute to the promotion of public debate (...)

Article 17 a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:  Services and games that encourage interactive participation

NRK's account also describe various experiments that include using external web sites, and points to examples like the fictional character Rubenmann on Facebook and a virtual concert scene on Second Life from 2007. This type of activity can also contribute to expanded visibility and interactive participation, cf. article 13 and 17 letter a final bullet point, and can also be relevant for the more overarching requirement of article 15 letter b:

Article 15 b. The NRK shall be innovative and contribute to development of quality.

It is a condition for a service to be able to form part NRK's public broadcasting mandate that it does not conflict other statutory provisions. The web sites of external media organisations like Facebook and Youtube can contain advertising. Therefore, NRK service provision on this platforms could be part of commercial activities and can be regarded as commercial. As follows from article 16 of the Statutes:

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

a. The NRK’s editorial decisions shall not be guided by commercial considerations.

However, article 16 letter c of the Statutes allows for NRK to have advertising on its own web pages:

c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. (...)

The Norwegian Media Authority finds that it is unclear whether or not NRK's public broadcasting service provision could be used commercially by other actors. As the statutes allow for NRK to have advertising on its own web pages, the Norwegian Media Authority finds it reasonable to assume that NRK can be present and make content available on the web sites of external media organisations, even if these display commercials.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category activity on external web sites can form part of NRK's public broadcasting mandate.

2.1.8 Information pages on NRK's service provision

This category encompasses Internet pages with information on NRK's activities. The category includes information on NRK as a media organisation, and information on NRK's service provision.

39

Services in this category

Of the services that NRK have reported to the Norwegian Media Authority, the following falls under the category information pages on NRK's service provision . NRK's descriptions are in italics:

 Programme overview Broadcasting schedule for all Norwegian television channels the coming weeks, and complete broadcasting schedule for all NRK's television channels and radio stations back to 1998. Up to 1.2 million unique users a month. www. nrk.no/tv og www. nrk.no/radio

 The Norwegian Radio Orchestra Information pages on The Norwegian Radio Orchestra. Approx. 3 000 unique users a month. www.nrk.no/kork

 Digital radio Norway Information concerning radio on DAB. dabdigitalradio.no

The Norwegian Media Authority's assessment

The services in this category do not in themselves constitute content in the service provision, but are information regarding NRK's service provision and activities. This type of information pages contributes to making NRK generally available, and to make NRK's public broadcasting activity visible. We refer to article 13 of the Statutes:

Article 13. The NRK shall be generally available.

The Norwegian Media Authority's conclusion

The Norwegian Media Authority finds that the services in the category information pages on NRK's service provision can form part of NRK's public broadcasting mandate.

40

2.2 Mobile device platforms

This category encompasses services developed for mobile television, mobile phones and suchlike.

It follows from the Statutes that NRK shall provide an attractive content service provision for the Internet and mobile television, cf. article 17. However, the Statutes do not set out concrete content requirements for the service provision on mobile television etc., in such a way as they do for the Internet in article 17 letter a.

On assessing whether the reported services can form part of the public broadcasting mandate, the Norwegian Media Authority has therefore looked to the other articles in the Statutes. Services in this category can be divided into the categories content re-publishing and mobile device services which are part of the editorial activities.

2.2.1 Mobile television/mobile device services that re-publish content

The following services consist of re-publishing of content on radio, television and the Internet. NRK’s descriptions of the services are in italics:

 MiniTV Linear television broadcast via the DMB network. Trial project conducted in collaboration with MTG and TV2 under the NMTV company. Trial broadcasts will be taking place in Greater Oslo up until the summer 2011. This project distributes NRK1, NRK2 and NRK3/Super, as well all DAB radio stations. minitv.no

 MiniTV – mobile for iPhone, Android, Nokia, SonyEricsson, Windows Mobile 7 and Motorola A television based mobile device application, managed by NMTV. NRK distributes NRK1, NRK2 and NRK3/Super the same way as on the Internet in addition to 5 text news.

 m.nrk.no NRK’s mobile device pages with the latest news, sports, traffic, weather and programme overview in addition to Mobil-TV and Mobil-Radio. m.nrk.no

 m.yr.no Mobile device version of yr.no, with a simplified version of the Internet version. m.yr.no

 yr.no for iPhone This application (for iPhone, iPad and iTouch) gives you weather forecasts for the location where you are located right now. Norway’s most popular iPhone application, downloaded approx. 250 000 times.

 NRK Radio for iPhone, Android and Nokia Listen directly to the radio on your mobile telephone. Two versions. One for all of NRK’s radio stations and one for the P3 stations.

 Smaller news and update applications for Android and Nokia UT.no, programme overview, news services

 Content available for operators/others in the market NRK’s mobile device content is also available for a number of the other players in the market, including everything from other content suppliers to its mobile device operators.

The Norwegian Media Authority's assessment

Article 13 letter d reads as follows: 41

Article13 d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision

Article 13 letter d makes it clear that NRK shall be present on all the major media platforms in order to reach out as broadly as possible with its overall programme service provision. The Norwegian Media Authority understands this article in the Statutes in such a way that NRK shall use the Internet and other platforms to publish the already existing programme service provision. Services that are a re-publication of NRK’s content from the radio and television to mobile device platforms therefore have a solid foundation in the NRK Statutes. The Norwegian Media Authority is of the opinion that also Internet services, which form part of the public broadcasting mandate, can be re-published on mobile device platforms. Reference is made to article 17:

Article 17. The NRK shall provide attractive content on the Internet, mobile TV, etc.

It is a condition for a service to be able to form part NRK's public broadcasting mandate that it does not conflict other statutory provisions. As follows from article 13 and 16 of the Statutes:

Article 16 The NRK’s public service broadcasting provisions shall be non-commercial:

Article 13 b. In principle no payment shall be charged for the NRK’s public service broadcasting provision. (...).

The Norwegian Media Authority is of the opinion that if the category mobile television/mobile device services that re-publish content shall form part of the public broadcasting mandate, NRK cannot have any profits attached to these services. The Norwegian Media Authority is of the opinion that it is reasonable to expect that any user fee only can be claimed to cover user-related costs, in the same way as with NRK’s Internet service provision, cf. article 17 letter c:

Article 17 c. The NRK’s programme provision on the Internet shall as a rule be free of charge. However, it shall be possible to recover use-related costs associated with this programme provision by means of user fees.

When it comes to the service c ontent available for operators/others in the market, NRK states that NRK’s mobile device content is also available for a number of the other players in the market. It is therefore possible that the other players can use NRK’s content in order to generate earnings. The Norwegian Media Authority is of the opinion that it is uncertain whether NRK can offer its public broadcasting content to players who use it for commercial purposes. In that NRK’s public service broadcasting provision shall be non-commercial, NRK cannot have any profits by making available its content to other players in the market.

The Norwegian Media Authority’s conclusion

The Norwegian Media Authority finds that the services in the category mobile TV/mobile device services that re-publish content can form part of NRK's public broadcasting mandate on the condition that NRK does not have revenues attached to these services.

2.2.2 Mobile device services that are part of the editorial activity

This category encompasses mobile device services that are part of NRK’s editorial activity on radio, television and the Internet. NRK’s descriptions of the services are in italics:

 SMS services Voting and interactive services for major broadcasts (for example the European Song Contest) and for daily use by the editorial offices.

 SMS results and news announcement services 42

 Quiz Christmas and Easter quiz services for web and SMS.

Additionally, NRK gives the following information about the services:

 NRK has an operator cost for each SMS we receive/send, and we have charged NOK 1 for a few of the editorial services, which is somewhat above laid-down cost, but the least we can charge our users.

 Interaction and voting are used during major events (the European Song Contest etc.), and has a great number of users. These services are managed in collaboration by the editorial offices and NRK Aktivum. The messages cost approximately NOK 5. Ordinarily, many of the editorial offices also use the interactive services; these messages are managed by the editorial offices, but cost from NOK 1 to NOK 5 per message, which generate earnings for NRK Aktivum.

 As of today, NRK only has news announcement services, these services cost NOK 1 per message the user receives and is managed by the news department. Additionally, we have results announcement services in relation to football games, which also cost NOK 1 per message. We have previously had other announcement services (such as gold medals announcement services during the Olympic Games and traffic information), but these are currently not in use.

 The quizzes, used in connection with Påskenøtter [Easter quiz] and Julenøtter [Christmas quiz], are managed by NRK Aktivum and are carried out by the editorial office. There are also other quizzes, but these are rarely used and are generally managed by the editorial offices.

 Svisj has its own price-setting that is managed by NRK Aktivum and the editorial office in collaboration.

 NRK uses the quizzes and announcement services both as part of its editorial service provision on radio, television and the Internet. However, none of the services are independent mobile device services without editorial basis.

The Norwegian Media Authority's assessment

The NRK Statutes do not set out requirements as to what NRK’s service provision on mobile device platforms shall contain. The Norwegian Media Authority is of the opinion that the services, which in principle are closely attached to the editorial activity, can fall within the public broadcasting mandate through this relation, cf. item 1.2.1. The condition, however, is that the provided services do not conflict with the other articles in the Statutes. Nor can NRK’s services conflict with the Norwegian Broadcasting Act, and relevant for this is the directive Information to the broadcaster on the regulations for the use of SMS/MMS services during broadcasting programmes (Orientering til kringkastere om regelverk for bruk av sms/mms- tjenester i kringkastingsprogram) of June 2007, which the Norwegian Media Authority refers to later in the assessment. The Statutes mainly set out requirements as for what NRK shall provide within the public broadcasting mandate, but the Statutes also set out requirements for what NRK cannot do. As follows from article 16:

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

a. The NRK’s editorial decisions shall not be guided by commercial considerations.

b. The NRK’s public service broadcasting provision of radio, television and teletext shall be free of advertising, and shall not contain sales promotion of the NRK group’s commercial services and products.

c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. The NRK shall seek to ensure as clear as possible a distinction between the provision of 43

public service broadcasting and commercial services provided on the Internet. Downloadable services provided within the public service broadcasting provision shall not contain commercial advertising. Special care shall be taken to avoid providing content that exposes the public to commercial pressure. This applies particularly to programmes targeting children and adolescents.

d. Licence fees and other public income shall not be used to subsidise commercial activities. There shall be a clear distinction as regards accounts and operations between the NRK’s commercial activities and public service broadcasting activities.

e. The NRK’s public service broadcasting provision, both in traditional programme activities and in the form of new media services, shall mainly be financed by means of the licence fee.

f. The NRK shall be able to further develop commercial services generating profits that contribute to financing of public service broadcasting services. Such commercial activities shall be consistent with the requirements regarding quality and integrity that apply to the NRK.

NRK’s description of the service provision shows that NRK makes money from several of the mobile device service provisions. Moreover, it follows that the interactive and voting services are used during both major event such as the European Song Contest and ordinarily by the editorial offices. The description shows that the voting and interaction attached to the major events are managed in a collaboration between the editorial offices and NRK Aktivum, while the interactive services, which are being used ordinarily, are managed by the editorial offices. NRK states that the voting during the major events costs approximately NOK 5 per SMS, and that the services provided ordinarily cost between NOK 1 and NOK 5 per message, and that the profits go to NRK Aktivum. NRK states that Svisj has its own price-setting. NRK states that the notification services cost NOK 1 per message the user receives, while the price for the service q uiz is not stated.

The services in this category are connected to NRK’s editorial activity. Even if the profits go to NRK Aktivum, all of the services are nonetheless part of the editorial activity and are also partly managed by the editorial offices. The editorial activity is financed by license fee means, and license fee means can therefore be said to subsidise commercial activities. The Norwegian Media Authority is therefore of the opinion that there is not a clear accounting and operational division between NRK’s commercial activities and the public broadcasting activity, cf. article 16 letter d.

In that there is no clear accounting and operational division between NRK Aktivum’s activity and the public broadcasting activity, NRK is also in danger of violating other articles in the Statutes. NRK has large potential revenues attached to the mobile device services, and it is therefore a risk that NRK’s editorial decisions are steered by commercial motives. This is contrary to article 16 letter a of the Statutes. The Norwegian Media Authority is of the opinion that NRK’s activity must be organised in such a way that such a risk is avoided.

Moreover, any marketing of these services through the editorial activity can be said to be sales promoting referencing, something which conflicts with article 16 letter b of the Statutes. In a joint directive of June 2007 from the Consumer Ombudsman, the Norwegian Gaming and Foundation Authority and the Norwegian Media Authority, called Information to the broadcasters on the regulations for the use of SMS/MMS services during broadcasting programmes , the Norwegian Media Authority stated that services that are integral parts of a programme can be regarded as editorial content, and that a presentation of SMS services in a programme therefore will not constitute a violation of the advertising provisions in the Norwegian Broadcasting Act. NRK can, in correspondence with commercial players, provide SMS services as part of its editorial activity. As opposed to other broadcasters, NRK can however not have any profits attached to this activity in that NRK shall be non-commercial and shall not contain sales promoting referencing. If NRK provides mobile device services that do contribute to profits, a marketing of these will not be regarded as sales promoting referencing.

The Norwegian Media Authority is furthermore of the opinion that NRK’s mobile device services conflicts with to article 16 letter c, which states that NRK shall take special care in connection with content that exposes the public to commercial pressure.

The Norwegian Media Authority furthermore refers to article 13 letter b of the Statutes: 44

Article 13 b. In principle no payment shall be charged for the NRK’s public service broadcasting provision. (...)

The Norwegian Media Authority is of the opinion that if NRK shall provide mobile device services as part of the editorial activity, i.e. the public broadcasting activity, NRK cannot have any profits attached to these services. The Norwegian Media Authority is of the opinion that it is reasonable to expect that user-payment only can be claimed to cover use-dependent costs, in correspondence with NRK’s online service provision, cf. article 17 letter c:

Article 17 c. The NRK’s programme provision on the Internet shall as a rule be free of charge. However, it shall be possible to recover use-related costs associated with this programme provision by means of user fees.

It looks as though NRK’s mobile device services, which are part of the editorial activity, are contributing to profits in various degrees. Some of the services seem to border on what can be called commercial activity in that the price of the services are close to, but nonetheless above, laid-down cost. Other services are clearly part of a commercial activity.

The Norwegian Media Authority’s conclusion

The Norwegian Media Authority finds that NRK’s services in the category mobile device services which are part of the editorial activity cannot be form part of the public broadcasting mandate if NRK has revenues attached to these services. 45

2.3 Digital radio and television

This category encompasses NRK’s digital radio stations and digital television channels, as well as digital teletext. The Norwegian Media Authority does not assess the activities of the three main radio stations and the three main television channels, in part because these existed prior to the digital terrestrial television.

Services in this category

Of the services reported by NRK, the following fall under the category digital radio and television . NRK’s descriptions of the services are in italics.

 NRK Sport This radio station is broadcast on DAB, the Internet and the digital terrestrial TV network. Its content includes inter alia the Olympic Games and World Championships, Norwegian elite series football, the UK Premier League (broadcast by the BBC), which have all been spiced up with sporting material from NRK’s archives.

The station broadcasts English football matches + co-broadcasting with P1 and Alltid Nyheter.

 NRK Gull (NRK Gold) Based on NRK’s abundant archives. This station is able to complement daily news events by producing relevant archive material. Listeners can send in their requests for repeats to the station’s website. NRK Gull is broadcast on the DAB network and as an online radio station.

The station broadcasts archive material + its own productions based on archive material.

 Alltid Nyheter (News Only) News and reports from the whole of NRK. Also broadcasts many of NRK’s news programmes live, including Her og Nå (Here and Now) and (The Daily Review).

The station broadcasts self-produced content + re-runs of programmes from P1 and P2 + re- publication of BBC World Service.

 Alltid Folkemusikk (Folk Music Only) Makes NRK’s unique folk music archives available to a greater number of people. These archives contain recordings dating back to 1934 and continuing up to the present day.

The station broadcasts non-stop music. Its own recordings + record music.

 NRK Jazz 24-hour jazz station on DAB and online radio. Broadcasts all forms of jazz – from traditional, experimental and the major classics to the newest of the new.

The station broadcasts non-stop music + re-runs of self-produced jazz programmes from P2.

 NRK Båtvær (Boating Weather) Broadcasts up-to-date 24-hour shipping forecasts for professional and recreational sailors. NRK Båtvær can be received on DAB radio up to 20 kilometres away from the coast.

The stations broadcasts special weather reports concerning coastal areas. Produced and developed by the Norwegian Meteorological Institute.

 NRK Super Available throughout the day on DAB and 24/7 as an online radio station. Its content consists of a mixture of new and old content presented by its own presenters.

The station broadcasts self-produced content. 46

 NRK Klassisk (Classical Only) Plays classical music 24 hours a day. It was the first station of its kind in the world.

The station broadcasts self-produced content + re-runs of self-produced classical music programmes from P2 + re-publications of musical recordings from EBU.

 NRK mP3 Plays energetic music 24 hours a day.

 NRK Sámi Radio DAB and online radio station that broadcasts repeats of all the Sami radio programmes that are broadcast on NRK P1 and P2. It also produces its own programmes.

 NRK Stortinget (NRK Parliament) Online radio station which allows listeners to become a “fly on the wall” in the main chamber of the Storting (the Norwegian parliament). Only broadcast via the digital terrestrial network.

 Digital teletext NRK provides digital teletext, a quick and modern teletext, where the public is offered NRK’s television channels and radio stations at the same time as they can use all the content of the teletext, read news, check the weather and so on.

The Norwegian Media Authority’s assessment

Article 13 letter d of the Statutes reads as follows:

Article 13 d. NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision.

Article 13 letter d of the Statutes sets out that NRK shall be present on all major media platforms in order to reach out as broadly as possible with its overall programme provision. The Norwegian Media Authority understands this article in the Statutes in such a way that NRK shall use the Internet and other platforms to publish the already existing programme service provision. A major part of the content on NRK’s digital radio stations is a re-publication of content from NRK’s radio and television programmes. This part of the service provision can therefore form part of the public broadcasting mandate under article 13 letter d of the Statutes.

It is the Norwegian Media Authority’s general view that the services with an editorial relation to radio and television programmes can form part of the public broadcasting mandate through this relation, see item 1.2.1. In addition to re-publishing service provisions, several of the services in this category include content that use archive material or other editorial material as a starting point. The NRK Gull content is in its entirety of this kind, and the service can therefore form part of the public broadcasting mandate.

On assessing whether NRK can include self-produced content for digital radio and television, the Norwegian Media Authority looks to the Statutes to consider whether it can form part of the public broadcasting mandate.

The stations NRK Jazz, NRK Klassisk, NRK mP3 and Alltid Folkemusikk have thematic relevance for article 14 letter f of the Statutes:

Article 14 f. The NRK shall disseminate Norwegian culture and a broad variety of Norwegian artistic expression by many different artists, independent environments and public culture institutions.

NRK Super has thematic relevance for article 15 letter i:

Article 15 i. The NRK shall promote children’s right to information and freedom of expression, and shield children from harmful forms of content. The NRK shall provide daily Norwegian language 47

programmes for children under 12 years of age, regular Norwegian language programmes for adolescents and regular programmes for children and adolescents in Sami.

NRK Sami Radio has thematic relevance for article 14 letter b:

Article 14 b. The NRK shall help to strengthen Norwegian and Sami language, identity and culture. A large proportion of this provision shall be rooted in Norway and reflect Norwegian realities. The NRK shall broadcast programmes for national and linguistic minorities. The NRK shall provide daily broadcasts for the Sami population.

NRK Sport has thematic relevance for article 14 letter j:

Article 14 j. The NRK shall provide sports broadcasts covering both the breadth of Norwegian sport, including sport for people with disabilities, and major sporting events.

Alltid Nyheter has thematic relevance for article 15 letter e:

Article 15 e. The NRK shall provide news, current affairs and culture features for both broad and narrow target groups, including its own culture programmes. Its programme provision shall reflect the diversity of the public at large. Among other considerations, the NRK’s provision as a whole shall appeal to all age groups

NRK Båtvær does not have a clear thematic basis in the Statutes. As mentioned in item 1.2.1, the Norwegian Media Authority is of the opinion that it is relevant to look to what NRK traditionally has provided as part of its public broadcasting mandate. Traditionally, regular weather forecasts have formed part of NRK’s service provision, and are broadcast in connection with NRK’s news broadcasts on radio and television. Information on the weather conditions has a special position when it comes to general relevance, as well as when it comes to safety and state of readiness. Safety precaution is of particular relevance for this service in that it is targeted towards boat traffic in the coastal areas. On this basis, the Norwegian Media Authority is of the opinion that NRK Båtvær also can form part of the public broadcasting mandate.

The service Digital teletext can be regarded as an updated version of the analogue teletext, which has formed part of traditional television service provision. The service cannot be viewed as essentially different to analogue teletext, and can form part of the public broadcasting mandate in the same way as analogue teletext. In this connection, reference is made to the requirements for NRK’s public broadcasting service provision to be given the same use in both traditional programme activities and new media services, cf. item 1.2.1.

The Norwegian Media Authority’s conclusion

The Norwegian Media Authority finds that the services in the category digital radio and television can form part of NRK's public broadcasting mandate. 48

2.4 Services for external platforms

This category encompasses content that NRK delivers to external platforms.

Services in this category

Of the services reported by NRK, the following fall under the category services for external platforms . NRK’s descriptions of the services are in italics:

 Flytoget (The Airport Express Train) NRK delivers news, sports, financial, cultural and video content to the screens on board the Airport Express Train. The Airport Express Train has approx. 5.3 million travellers each year.

 Airports NRK delivers news, local news, sports, financial, cultural and video content to the screens at the airports. News is delivered to a total of 11 airports with approx. 17 million travellers annually.

 Airport and city buses NRK delivers news, sports, financial, cultural and video content to the screens on board. News is delivered to different bus companies with a total of 13 million travellers annually.

 Hvilepuls (Resting Pulse) NRK delivers news, sports, financial, cultural and video content to the screens at the waiting rooms at medical offices and dental clinics. The service is delivered to 1,000 medical offices across the entire country.

 Banks and shops NRK delivers news, sports, financial, cultural and video content to the screens located in the branches to inter alia Nordea across the entire country.

 Companies NRK delivers news, sports, financial, cultural and video content to the screens at several universities, colleges, upper secondary schools and companies.

 Weather yr.no provides weather data to anyone who wants to use it. In that the data is given away free of charge, there is no complete list of the users, but some examples from each end of the scale is visitnorway.com and spiterstulen.no . Approx. 3.5 million notifications are sent every day and night through the service www.yr.no/verdata/ .

The Norwegian Media Authority’s assessment

The Norwegian Media Authority is of the opinion that NRK’s delivery to external platforms has relevance for article 13 of the Statutes:

Article 13. The NRK shall be generally available.

NRK can through presence on external platforms contribute to making available NRK’s content provision. A condition for the services forming part of NRK’s public broadcasting mandate is that they do not conflict with other articles in the Statutes. External platforms can include advertising, and the parties that manage the external platforms can use the NRK content to increase the value of its advertising space. NRK’s service provision presented on these platforms can therefore form part of commercial activity and appear to be commercial. Article 16 of the Statutes reads as follows:

Article 16. The NRK’s public service broadcasting provision shall be non-commercial.

49

Article 16 letter c furthermore states that NRK can include advertising on its own Web pages:

Article 16 c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. (...)

The Norwegian Media Authority is of the opinion that it is uncertain whether NRK can offer its public broadcasting content to parties that use it for commercial purposes. In that the Statutes states that NRK can have advertising on its own Web pages, the Norwegian Media Authority however finds that it is reasonable to say that deliveries to external platforms can form part of NRK’s public broadcasting mandate even if the NRK content is shown in conjunction with advertising. In that NRK’s public service broadcasting provision shall be non-commercial, NRK cannot have any revenues attached to its deliveries to external platforms. It is therefore presupposed that NRK delivers the services free of charge.

The Norwegian Media Authority’s conclusion

The Norwegian Media Authority finds that the services in the category deliveries to external platforms can form part of NRK’s public broadcasting mandate. 50

3 Summary and concluding remarks

3.1 Summary

The Norwegian Media Authority has carried out a review of NRK’s services on new media platforms in order to ensure that these fall within the public broadcasting mandate in such a way as this is set out in the company’s Statutes. The review does not include an assessment of any limiting effects on competition the services may have on the market.

The Norwegian Media Authority finds that most of NRK’s services on new media platforms can form part of NRK’s public broadcasting mandate, and therefore can be financed by license fee means.

Some of NRK’s services however raise questions related to NRK’s editorial independence and the requirement for NRK’s public service broadcasting provision to be non-commercial. These services are therefore conflict with articles 12 and 16 of the NRK Statutes, to a varying extent.

These problems are clearest in relation to the useful service UT.no and the services falling within the category mobile devices services that are part of NRK’s editorial activity . It is the view of the Norwegian Media Authority that these services cannot form part of the public broadcasting mandate unless the services are adjusted in such a way that they are in accordance with the Statutes. Reference is made to the Norwegian Media Authority’s assessment of these services in items 2.1.6.4 and 2.2.2.

As regards the services yr.no and the services falling within the category deliveries to external platforms , the Norwegian Media Authority is of the opinion that these can form part of the public broadcasting mandate according to specific requirements. Reference is here made to items 2.1.6.4 and 2.4.

The review of NRK’s existing services on new media platforms is in the form of an advisory statement and is referred to the Ministry of Culture for further follow-up.

3.2 Concluding remarks

Following the review of NRK’s existing services on new media platforms, the Norwegian Media Authority has some overall comments on the NRK Statutes and the framework they draw up in relation to NRK’s public broadcasting mandate. The comments have as a starting point the possibilities of the new media platforms; possibilities NRK already takes increasingly advantage of, but which are reflected the NRK Statutes only to a limited extent.

New digital media platforms offer new dissemination possibilities. The new media platforms enable NRK to, amongst other things, collaborate with external organisations. New media platforms make it easier for NRK to receive information from external organisations, for example by gaining access to their data bases. It is also easier for NRK to disseminate its content to external organisations. Moreover, new media platforms enable NRK to more easily establish new services in collaboration with external organisations. The review of NRK’s services shows that NRK makes increasingly use of all of these possibilities and the utilisation of them raise new questions related to NRK’s public broadcasting mandate. Firstly, NRK develops services with content and functionality that are different from NRK’s traditional public service broadcasting provision. Secondly, NRK develops new connections with external organisations, which in different ways can conflict with the requirements attached to NRK’s public broadcasting mandate, in particular as regards to the requirements related to editorial independence and that the activity shall be non-commercial.

As the NRK Statutes are set out as of today, it does now follow explicitly from the Statutes that NRK shall take advantage of the above-mentioned possibilities. Moreover, it does not follow explicitly how NRK can make use of the possibilities and at the same time attend to existing requirements related to the public broadcasting mandate.

The review has also shown that the Statutes to a large extent use terms developed for radio and television service provision, and that it therefore is not always clear whether NRK also can and shall fulfill the requirements on new media platforms. When the Statutes refer to “broadcasts” and “programmes”, it is for 51 example difficult to link the requirement to the Internet. This supports that the Statutes’ description of NRK’s mandate on new platforms frequently should be re-assessed and updated.

52

Enclosure

Statutes for Norsk Rikskringkasting AS

Laid down by the statutory General Meeting of 30 April 1996, last amended by the General Meeting of 29 June 2009.

II NRK’s public broadcasting mandate

§ 12 The NRK shall support and strengthen democracy a. The NRK’s overall public service broadcasting provision shall aim to fulfill democratic, social and cultural needs of society. b. The NRK shall contribute to the promotion of public debate, and participate in ensuring that the whole population receives sufficient information to take an active part in democratic processes. The NRK shall provide a broad and balanced coverage of political elections. All parties and lists over a certain size shall normally be included in the editorial election coverage. c. It is the responsibility of the NRK to reveal matters which ought to be subjected to criticism and to help protect individuals and groups against abuse or neglect by public authorities and institutions, private undertakings or others. d. The NRK shall have editorial independence. The NRK shall safeguard its integrity and credibility in order to be able to operate freely and independently in relation to persons or groups that, for political, ideological, economic or other reasons, wish to exert influence on its editorial content. Activities shall be characterised by a high ethical standard and provide a balanced representation over time. An attempt shall be made to achieve objectivity and an analytical and neutral approach, cf. the self-regulatory mechanisms of the Norwegian press: the Rights and Duties of the Editor, the Code of Ethics and the Code of Ethics for Text Advertising.

§ 13 The NRK shall be generally available a. The NRK’s three main channels for, respectively, radio and television shall be available to the whole population. The NRK shall attempt to provide the broadest possible distribution of its remaining programme provision. b. In principle no payment shall be charged for the NRK’s public service broadcasting provision. The NRK’s three main channels for, respectively, radio and television shall be available free of charge to all licence-fee payers on at least one distribution platform. c. In designing the NRK’s provision, regard must be paid to the needs of people with disabilities, including the aim to ensure that all television programmes are provided with subtitles. d. The NRK shall be present on, and develop new services for all major media platforms in order to reach out as broadly as possible with its overall programme provision. e. The NRK should as far as possible use open standards, unless contraindicated by considerations of economy or quality.

§ 14 The NRK shall strengthen Norwegian language, identity and culture. a. The NRK shall reflect the geographical diversity of Norway and provide a satisfactory range of local programmes and maintain a local presence. b. The NRK shall help to strengthen Norwegian and Sami language, identity and culture. A large proportion of this provision shall be rooted in Norway and reflect Norwegian realities. The NRK shall broadcast programmes for national and linguistic minorities. The NRK shall provide daily broadcasts for the Sami population. 53

c. The NRK shall disseminate knowledge of diverse groups and of the diversity of Norwegian society. The NRK shall create arenas for debate and information about Norway as a multicultural society. d. The NRK’s provision shall mainly consist of Norwegian language content. Both official Norwegian language variants are to be used. At least 25 per cent of the content shall be in New Norwegian. e. The NRK shall be obliged to broadcast content that is either produced in or has a basis in Norwegian rural districts. The NRK shall have district broadcasts on all weekdays. f. The NRK shall disseminate Norwegian culture and a broad variety of Norwegian artistic expression by many different artists, independent environments and public culture institutions. g. The NRK shall propagate and produce Norwegian music and drama. The NRK shall propagate Norwegian cinematic art, and stimulate the Norwegian film industry. At least 35 per cent of the music played shall be Norwegian, with an emphasis on Norwegian language and/or music by Norwegian composers. The NRK shall retain a permanent orchestra covering a broad repertoire from light music to symphonic music. h. The NRK shall disseminate Norwegian cultural heritage. This includes the NRK’s archives. The NRK shall make efforts to digitise these archives and make them available to the public. The archive facility shall be mainly free of charge. i. The NRK shall reflect Norway’s religious heritage and the diversity of ethical and religious traditions in Norwegian society. j. The NRK shall provide sports broadcasts covering both the breadth of Norwegian sport, including sport for people with disabilities, and major sporting events.

§ 15 The NRK shall aspire to achieve high quality, diversity and innovation. a. The NRK shall provide services that may be a source of insight, reflection, enjoyment and knowledge through programmes of high quality. b. The NRK shall be innovative and contribute to development of quality. c. The NRK shall be able to provide the same types of production as are offered by commercial undertakings, but should aspire to bestow on their productions an element of added social value not commonly provided by commercial productions. d. The NRK’s provision shall represent a broad range of themes and genres. e. The NRK shall provide news, current affairs and culture features for both broad and narrow target groups, including its own culture programmes. Its programme provision shall reflect the diversity of the public at large. Among other considerations, the NRK’s provision as a whole shall appeal to all age groups. f. The NRK shall foster an increased knowledge of international affairs. g. The NRK shall mediate content from the Nordic countries, and help to disseminate knowledge of Nordic social conditions, culture and languages. h. The NRK shall contribute to education and training, partly by offering content adapted for schools. i. The NRK shall promote children’s right to information and freedom of expression, and shield children from harmful forms of content. The NRK shall provide daily Norwegian language programmes for children under 12 years of age, regular Norwegian language programmes for adolescents and regular programmes for children and adolescents in Sami.

§ 16 The NRK’s public service broadcasting provision shall be non-commercial. 54

a. The NRK’s editorial decisions shall not be guided by commercial considerations. b. The NRK’s public service broadcasting provision of radio, television and teletext shall be free of advertising, and shall not contain sales promotion of the NRK group’s commercial services and products. c. The NRK may include advertising on the Internet, with the exception of Web pages targeting children. The NRK shall seek to ensure as clear as possible a distinction between the provision of public service broadcasting and commercial services provided on the Internet. Downloadable services provided within the public service broadcasting provision shall not contain commercial advertising. Special care shall be taken to avoid providing content that exposes the public to commercial pressure. This applies particularly to programmes targeting children and adolescents. d. Licence fees and other public income shall not be used to subsidise commercial activities. There shall be a clear distinction as regards accounts and operations between the NRK’s commercial activities and public service broadcasting activities. e. The NRK’s public service broadcasting provision, both in traditional programme activities and in the form of new media services, shall mainly be financed by means of the licence fee. f. The NRK shall be able to further develop commercial services generating profits that contribute to financing of public service broadcasting services. Such commercial activities shall be consistent with the requirements regarding quality and integrity that apply to the NRK.

§ 17 The NRK shall provide attractive content on the Internet, mobile TV, etc. a. The NRK’s Internet services consisting of moving pictures, sound and text, shall at least contain a continuously updated provision of:

• National and international news • Separate provision of regional news and content • In-house productions for children and adolescents • Factual and background information in connection with news, public debates and current affairs • Art and culture • Sport and entertainment • Services and games that encourage interactive participation

b. The NRK shall make as many as possible of its radio and television programmes available on the Internet, both for simultaneous distribution and as an archive service for download and/or individual playback. This shall at least include making available all of its in-house productions broadcast during the previous seven days as an archive service, provided that this does not involve excessive costs. The NRK shall make efforts to ensure that as much as possible of the remaining material broadcast during the previous seven days is made available as an archive service.

c. The NRK’s programme provision on the Internet shall as a rule be free of charge. However, it shall be possible to recover use-related costs associated with this programme provision by means of user fees.

d. The provisions of the previous paragraph shall not preclude the provision of commercial editions of programmes by the NRK. Such editions are not to be regarded as part of the public service broadcasting provision and shall not be of such a volume that they undermine the main principle that the NRK’s programme provision on the Internet shall be free of charge.

e. The NRK shall stimulate knowledge, understanding and use of other media platforms by users of all ages.