Member States' Current Practice Regarding the Democratic and Social

COUNCIL CONSEIL OF EUROPE DE L’EUROPE

Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Group of Specialists on Media Diversity (MC-S-MD)

H/Inf (2009) 10

Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

Directorate General of Human Rights and Legal Affairs Council of Europe Strasbourg, June 2009 Édition française : La pratique actuelle des États membres concernant la contribution démocratique et sociale de la radiodiffusion numérique

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

© Council of Europe 2009 Printed at the Council of Europe Contents

Introduction ...... 5

Questionnaire ...... 6

Results ...... 7 Questions concerning the Questions concerning the Questions concerning the preparation of conditions for the preparation of the public for the implementation of the basic development of digital new digital environment (d) ...... 8 principles contained in the broadcasting (a) ...... 7 Questions concerning the Appendix of Recommendation R Questions concerning the guaranteed maintenance of (2003) 9 (g) ...... 9 safeguard and promotion of public service broadcasting in media pluralism (b) ...... 7 the new digital environment (e) . . . .8 Questions concerning respect for Questions concerning the the protection of minors and reaffirmation and adoption of human dignity and the non- public service broadcaster’s remit incitement to violence and to the new digital environment hatred in the digital (f) ...... 9 environment (c) ...... 8

Compendium of good practice ...... 9 General ...... 9 Question concerning the Question concerning other Question concerning the adoption of public service related measures, which have preparation of the public for the broadcasters’ remit to the new been particularly successful in new digital environment ...... 10 digital environment ...... 13 the view of the member states . . . 16

Conclusion ...... 17

Appendix ...... 18 Questionnaire on the Additional questionnaire ...... 20 implementation of Additional questionnaire (revised) 20 Recommendation R (2003) 9 ...... 18

Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

Introduction On 28 May 2003 the Committee of practices in member states in order to MC-S-MD (2006) 005rev) and March Ministers of the Council of Europe provide further guidance to member 2007 (document MC-S-MD (2007) 004), adopted Recommendation Rec (2003) states on how to ensure a smooth and meaning that very latest changes and 9 on measures to promote the demo- effective implementation of the rec- amendments in the digital environ- cratic and social contribution of digital ommendation. ment of member states could not be broadcasting. included in the present report and that Accordingly, following the 2nd MC-S- particularly the compendium of good The recommendation to the govern- MD meeting on 14 and 15 November practices is not exhaustive, consider- ments of member states includes a 2005, a questionnaire addressed to ing that several European countries series of measures whose observance member states was drafted and put on which take a leading role in the digiti- may, together with the general princi- line. The replies to the questionnaire as sation process have not been able to ples set out in the appendix to the rec- received by the Secretariat by 24 April answer the additional questionnaires ommendation, be decisive for the 2006 were compiled in a document so far. 1 Also, for the same reason, Mon- successful, smooth and social respon- (document MC-S-MD (2006) 005rev) tenegro’s separation from Serbia in sible transition to digital broadcasting which was presented by the Secretar- June 2006 could not be taken into ac- in the member states. iat at the 4th meeting of the MC-S-MD count, resulting in a classification of on 21 and 22 September 2006. As a In the recommendation the Council the questionnaire which refers to the first remark to the document it came underlines the great importance of a two states collectively as Serbia and out that, on the one hand, overall wide variety of independent and au- Montenegro. replies to the questionnaire were con- tonomous media, particularly public siderably different from each other, service media (PSM), for modern dem- Moreover, it must be pointed out that making it difficult to draw conclusions ocratic societies, their political, legal the report focuses primarily on the and provide pertinent guidance to and social structures and the respect contribution of public service media member states on how to ensure the of human rights, culture and political to the new digital environment and implementation of the recommenda- pluralism. Being aware of the fact that does not assess the role of the two tion; and, on the other hand, few states the development of digital technol- other media sectors, the commercial had adopted measures concerning ogy, particularly in the field of digital media and the community media two particular subjects of the recom- terrestrial television (DVB-T), offers (“third sector media”). This is on the mendation, namely the preparation of great opportunities for both broad- one hand due to the design of the the public for the new digital environ- casters and the population but also questionnaires (see Appendix, ment and the adoption of the public presents risks regarding its possible page 18) which does not include ex- service remit to the digital environ- adverse effects to public interest ob- plicit questions on the involvement of ment. In view of that, the Group jectives and social inclusion in the commercial or community media in brought up the idea of drafting a com- digital environment, the Committee of the digitisation process. On the other pendium of good practice in member Ministers particularly stressed the im- hand, the compilation was restricted states which should be annexed to the portance of creating adequate legal to data transmitted by member coun- general evaluation report and could and economic conditions for the de- tries in the form of official responses to serve as a source of inspiration for velopment of digital broadcasting, the the questionnaires in order to keep the other member states. protection of media pluralism, minors report disinterested, impartial and of and human dignity, the reaffirmation Therefore, the present report exam- manageable size. No material of third of the remit of public service broad- ines on the one hand the general parties or interest groups whatsoever casting and the preparation of the questionnaire on the implementation has thus been used or accepted for the public for the new digital environ- by member states of Recommenda- composition of the paper. However, re- ment. tion (2003) 9, and on the other hand gardless of the present report’s em- the compendium of existing good phasis on public service broadcasting, The monitoring of the implementation practices in member countries regard- any future assessment of the topic will of the recommendation was assigned ing two particular subjects addressed have to pay increased attention to new to the Group of Specialists on Media in the recommendation (“preparation forms of community media which are Diversity (MC-S-MD) under the author- of the public for the new digital envi- neither public nor commercial and ity of the Steering Committee on the ronment” and “adaptation of the have the ability to not only deliver Media and New Communication Serv- public service remit to the digital envi- major benefits to social cohesion and ices (CDMC). In relation to this objec- ronment”). inclusion of marginalised population tive, set out in the MC-S-MD’s terms of reference, the Group was instructed to As to the scope of the report, it should 1. For example Sweden, Italy, and the Nether- complete the monitoring of the imple- be noted that the analysis is mainly lands, all of them possessing media markets with very strong PSB; on the other hand, current replies mentation of Recommendation (2003) based on information received by the from France and Ireland could be incorporated into 9 and compile a compendium of good Secretariat by April 2006 (document the report.

5 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

groups, but are also likely to play an in- nology rather than an autonomous where there is still need for regula- creasing role in the new digital envi- analysis of the findings or even recom- tive action. ronment. Likewise, future initiatives in mendation for improvement. Accord- Finally, the present report aims to the field of digital broadcasting should ingly, the aim of this report is not to present the data collected in the docu- increasingly reflect latest develop- provide ready-made answers to the ments MC-S-MD (2006) 005rev, MC-S- ments in communication media such question of how properly and to MD (2007) 001 and MC-S-MD (2007) as internet television, new communi- which extend member countries 004rev as clear and readable as possi- cation services, blogs, etc. have already implemented Recom- ble. For this purpose, and in order to Furthermore, owing to the mostly mendation (2003) 9 of the Commit- convey a good general idea of the quantitative nature of the survey’s out- tee of Ministers, but rather to topic, information will sometimes be come, the information set out below illustrate and compare the different generalised or simplified. For the exact consists of a compilation and evalu- proportions and percentages of results of the survey, however, readers ation of the current member states’ those areas where measures have are encouraged to refer to the above- practice in the field of digital tech- already been adopted and those mentioned documents.

Questionnaire

Following the 2nd MC-S-MD meeting the cohesion of democratic societies, document (document MC-S-MD on 14 and 15 November 2005, a ques- is maintained in the new digital envi- (2006) 005rev) containing the replies tionnaire on the implementation of ronment by ensuring universal access of a total of 23 Council of Europe Recommendation R (2003) 9 was ad- by individuals to the programmes of member countries (Albania, Armenia, dressed to the member states (see public service broadcasters and giving Flemish and French Community of Bel- annex). It covers various questions and it inter alia a central role in the transi- gium, Bulgaria, Croatia, Czech Repub- sub questions concerning the meas- tion to terrestrial digital broadcasting; lic, Finland, France, Germany, Hungary, ures recommended by the Committee
reaffirm the remit of public serv- Italy, Latvia, Lithuania, Malta, Norway, of Ministers to the governments of the ice broadcasting, adapting if necessary Poland, Portugal, Serbia and Montene- member countries, inviting them to its means to the new digital environ- gro, Slovenia, Sweden, Switzerland,
create adequate legal and eco- ment, with respect for the relevant Turkey, Ukraine). Besides, two other nomic conditions for the development basic principles set out in previous states – namely Cyprus and Greece – of digital broadcasting that guarantee Council of Europe texts, while estab- responded to the questionnaire. the pluralism of broadcasting services lishing the financial, technical and Cyprus pointed out that, at that time, it and public access to an enlarged other conditions that will enable it to would be too soon to reply to the choice and variety of quality pro- fulfil that remit as well as possible; questionnaire regarding the fact that the question of digital broadcasting grammes, including the maintenance
bring the basic principles con- was still under high-level discussion; and, where possible, extension of the tained in the appendix to this recom- and Greece declared that it was not availability of trans-border services; mendation to the attention of the able to reply in detail to the question-
protect and, if necessary, take public authorities and the professional naire, as its Ministry for Transport and positive measures to safeguard and and industrial circles concerned, and Communications was still busy promote media pluralism, in order to to evaluate on a regular basis the ef- drawing up a draft law concerning the counterbalance the increasing con- fectiveness of the implementation of switch-over to digital. Nevertheless, centration in this sector; these principles. Greece indicated that its constitution
be particularly vigilant to ensure On the basis of the replies to the ques- contained a set of measures allowing it respect for the protection of minors tionnaire which had reached the Sec- to reply to some of the questions in and human dignity and the non-incite- retariat by March 2006, a first the questionnaire (diversity, protec- ment to violence and hatred in the document (document MC-S-MD tion of minors and human dignity, reg- digital environment, which provides (2006) 005) was drafted. It contained in ulation of media ownership). access to a wide variety of content; a form of a table the replies of 16 As the MC-S-MD noted that the replies
member states, a summary of these prepare the public for the new to the questionnaire were considera- replies and the first conclusions which digital environment, notably by en- bly different from each other, making could be drawn. By 24 April 2006 the couraging the setting-up of a scheme it difficult to draw pertinent conclu- replies of another 7 member states 2 for adequate information on and train- sions, and that, moreover, only a few had reached the Secretariat, which ing in the use of digital equipment and states had adopted measures concern- made it necessary to draft a revised new services; ing certain specific points in the rec-
guarantee that public service 2. Czech Republic, Germany, Lithuania, Poland, ommendation which are of particular broadcasting, as an essential factor for Portugal, Sweden and Ukraine. importance for social cohesion, it en-

6 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

dorsed the idea of drawing up a kind Norway, Slovenia, Switzerland and Tur-
the adoption of public service of compendium of existing good prac- key). broadcaster’s remit to the new digital tices in member states regarding two environment (paragraph f of the rec- The additional questionnaire on the particular subjects addressed in the ommendation), and implementation of Recommendation Recommendation. This proposal was
(2003) 9, addressed to a number of se- other related measures which do presented to the CDMC Bureau at its lected member states (see Appendix, not fall directly under the above but meeting on 12 and 13 April 2006, after page 18) contains questions regard- have been particularly successful in which a request for further informa- ing: the view of the member states. tion was sent to certain member coun- tries which had already replied to the
the preparation of the public for first questionnaire (Belgium, Czech Re- the new digital environment (para- public, Finland, Germany, Lithuania, graph d of the recommendation),

Results

Questions concerning the the Ministries of (Transport, Informat- While legislation to regulate digital preparation of conditions for the ics and) Communications, and/or state broadcasting has already been development of digital Agencies (National Councils) for (Radio adopted by 10 states, 9 18 states are still broadcasting (a) and Television) Broadcasting. 7 in process of adapting such legislation. 10 Out of 23 member states, slightly more Accordingly, 6 states have already A little more than half of the states than half 3 have already developed a adopted legal measures in the field of which replied to the questionnaire 8 strategy for the transition to digital digitisation but are currently modify- have set a specific date for digital broadcasting. Among those states that ing or complementing the existing switch-over at national level, ranging have not yet adopted a digital strategy legal framework by supplementary from 2006 to 2016. On average, how- are countries which are currently stud- provisions. ever, the digital changeover will take ying such a policy (like Portugal) or are place in 2012 and will be done region- already modifying the existing laws to ally in stages. In this connection, many Questions concerning the adapt them to digital (like Serbia and countries (such as France, Germany safeguard and promotion of Montenegro). Consequently, the vast and Lithuania) start the digital transi- media pluralism (b) majority of those states where a transi- tion in the big metropolitan areas and tional strategy has not yet been drawn When awarding licenses, member then subsequently spread it out up has initiated studies and activities states’ authorities have almost always throughout the whole territory. Yet which will lead to the adoption of ap- ensured that the services offered are there is also a different approach propriate measures in the foreseeable many and varied and that the estab- (taken for example by Sweden) which future. lishment of regional and local services consists in testing the digital switch- is encouraged. In those member countries where a over in small, sparsely populated strategy for the transition to digital regions and then continually advance Furthermore, authorities have indi- broadcasting has already been drawn to the densely populated metropolitan cated that they have taken measures up, relevant industries and the public areas. to provide for a high degree of inter- have been consulted in advance. operability and compatibility of recep- All the 23 states consulted declare that Throughout, the strategies aim to tion, of decoding and decrypting they have taken into account both the promote cooperation between opera- equipment and of systems granting interests of the public and broadcast- tors, complementarity between plat- access to digital broadcasting services 4 ers and have set up a legislative frame- forms, interoperability of decoding and related interactive services. devices 5 and the availability of a large work and appropriate technical range of content. 6 conditions where they have carried While virtually every country will out work on the transition to digital. maintain the availability of free-to-air- The public authorities in charge of the Furthermore, the vast majority of the services in the digital environment, elaboration of a digital strategy in the states have taken into account the cre- slightly less than half will provide na- different member states are usually ation of appropriate technical condi- tional digital broadcasting services 3. Albania, Czech Republic, Finland, France, Ger- tions. abroad and only one third will make many, Italy, Lithuania, Malta, Norway, Poland, Slove- nia, Sweden, Switzerland, Turkey, Ukraine. 7. For further information see MC-S-MD (2006) 9. Flemish and French Community of Belgium, 4. Except for the Czech Republic and Italy. 005rev, p. 6-7. Czech Republic, France, Germany, Italy, Lithuania, 5. Except for the Czech Republic, Italy and Swit- 8. Albania, Bulgaria, Czech Republic, Finland, Ger- Malta, Norway, Poland, Sweden, Switzerland. zerland. many, Hungary, Italy, Lithuania, Malta, Poland, Por- 10. Czech Republic, France, Germany, Flemish 6. Except for the Czech Republic. tugal, Slovenia, Switzerland, Turkey. Community of Belgium, Italy and Sweden.

7 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

regional digital broadcasting services questionnaire. Nearly the same tate the access to these services by available outside of the country. number of states, namely 16, have also people with specific needs. Likewise, adopted a monitoring system in only 5 countries 21 have taken meas- Most states possess legislation limiting respect of this legislation. Less than ures to reduce the cost of decoding the concentration of media owner- one-third of the states will neither 11 and decryption equipment. ship. Where such legislation exists, it adopt nor modify these regulatory also applies to digital broadcasting. 12 measures during the changeover to Approximately half of the states that None of those countries where media digital and have no plans to take other answered the questionnaire have ownership regulation already exists is measures such as information cam- adopted regulations regarding elec- planning not to maintain its legisla- paigns to protect human dignity. tronic programme guides (EPG), 22 tion. usually including measures to ensure a In all of the 22 countries (usually legis- About two-thirds of the states sur- fair, reasonable and non-discrimina- lative) measures which aim to avoid veyed have also another type of regu- tory position for service providers on content which is an incitement to lation which contributes to diversity the EPG. Some state’s regulations addi- hatred, violence, xenophobia or reli- and content diversity in particular. Out tionally include measures to secure a gious intolerance exist. These meas- of the remaining 6 states which prominent display of and easy access ures will be adopted or modified at the declare not to have any other type of to public service channels 23 and an ad- switch-over to the digital environment regulation, only two 13 intend to adopt equate consideration of the specific in slightly more than one third of the such regulatory measures in the needs of people with sensory handi- states. 16 Beside these regulatory meas- future. caps. 24 ures, a monitoring system has been es- tablished in 18 states and other action such as information campaigns or self- Questions concerning respect for Questions concerning the the protection of minors and regulation has been taken in 11 states. 17 guaranteed maintenance of human dignity and the non- public service broadcasting in incitement to violence and Regarding the protection of consum- the new digital environment (e) hatred in the digital environment ers, 19 out of 22 states 18 have taken ap- (c) 25 propriate measures. A clear majority of 18 member states In all of the 22 member states that have created conditions, including replied to the questionnaire, 14 regula- legal, economic and technical condi- 26 tory measures protecting minors Questions concerning the tions, which enable public service against harmful content exist. Half of preparation of the public for the broadcasting to be present on the dif- the states will adopt or modify (have new digital environment (d) ferent digital platforms. already adopted or modified) these 13 out of 23 member states 19 which 27 regulatory measures during the replied to the questionnaire have pro- Furthermore, 16 member states have switch-over to the digital environ- vided the public with wide-ranging in- adopted legislation concerning must ment. While most of the countries formation about digital broadcasting carry and must offer regulations. have established a monitoring system services. The same number of states 21. Germany, Italy, Latvia, Norway, Slovenia; and self-regulative measures on this has taken measures to encourage in- measures are being studied in Lithuania and subject, only one half has taken other dustry to make available a variety of Poland. measures such as information cam- decoding services. 22. French Community of Belgium, Finland, paigns to protect minors against France, Germany, Italy, Lithuania, Malta, Norway, 20 Switzerland. harmful content. By contrast, only 5 member countries 23. Namely regulations in Germany, Italy, Malta, have already initiated or envisaged Norway, Slovenia, and Switzerland. Regulatory measures for the protec- training courses in the use of digital 24. Regulations in Italy, Malta, Norway, Slovenia, tion of human dignity exist in 17 15 of and Switzerland. equipment and new services to facili- 25. Including Albania, Bulgaria, Croatia, Czech Re- the states that have answered the public, Finland, France, Germany, Italy, Latvia, 16. Bulgaria, Croatia (probably), Finland, Italy, Lithuania, Malta, Norway, Poland, Serbia and Mon- 11. Except for Finland, Latvia, Poland and Sweden Latvia, Malta, Serbia and Montenegro. tenegro, Slovenia, Sweden, Switzerland, Turkey. and Portugal, where such legislation is currently 17. Bulgaria, Croatia, Czech Republic, Germany, 26. Legal conditions have been created by Alba- being studied. Lithuania, Portugal, Serbia & Montenegro, Sweden, nia, French Community of Belgium, Bulgaria, Czech 12. Except in Flemish Belgium, in the Czech Re- Switzerland, Turkey, Ukraine. Republic, Finland, France, Germany, Italy, Latvia, public and in Bulgaria, where however, it is fore- 18. Including Armenia, Flemish and French Com- Lithuania, Malta, Norway, Poland, Portugal, Serbia & seen to extend it to include digital broadcasting. munity of Belgium, Bulgaria, Croatia, Czech Repub- Montenegro, Slovenia, Sweden, Switzerland, 13. Hungary and Latvia. lic, Finland, Germany, Hungary, Italy, Latvia, Lithua- Turkey. Economic conditions have been created by 14. Please note that Malta has not responded to nia, Norway, Poland, Serbia & Montenegro, Czech Republic, Finland, France, Germany, Latvia, this series of questions. Slovenia, Sweden, Switzerland, Turkey, Ukraine. Lithuania, Malta, Norway, Poland (under considera- 15. Armenia, Flemish and French Community of 19. Namely Albania, Finland, France, Germany, tion), Slovenia, Switzerland, Turkey. Technical condi- Belgium, Bulgaria, Croatia, Czech Republic, Finland, Italy, Latvia, Lithuania, Malta, Norway, Slovenia, tions have been created by Albania, Bulgaria, France, Germany, Hungary, Italy, Lithuania, Malta, Sweden, Switzerland, Turkey, Ukraine. Croatia, Czech Republic, Finland, France, Germany, Norway, Poland, Portugal, Serbia and Montenegro, 20. Finland, Slovenia, Switzerland, Turkey, and Italy, Latvia, Lithuania, Malta, Norway, Poland, Slove- Slovenia, Turkey, Ukraine. Ukraine. nia, Switzerland, and Turkey.

8 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

Questions concerning the no PSB remit for digital broadcasting tion or other means and, in certain reaffirmation and adoption of services has been defined. cases, 35 also by official gazettes. public service broadcaster’s remit 8 out of 23 states 32 specify that the fi- 36 to the new digital environment In half of the member states the prin- nancial, technical and other conditions (f) ciples contained in the recommenda- which are necessary for public service tion have also been brought to the In less than half of the member states, broadcasting to fulfil its remit in the attention of the professional and in- the remit of public service broadcast- new digital environment have been dustrial circles concerned, mostly on ing has been adapted to the digital en- created. government web pages, during con- vironment. 28 Those states which have ferences, by special delivery and undertaken such a modification, have Finally, a slight majority of member 33 similar targeted communication, by included basic general services like states declare that public service other means and, in very few cases, 37 news, educational, cultural and enter- broadcasting plays (or will play) a by means of official gazettes. tainment programmes as well as the central role in the transition process to digital terrestrial broadcasting. possibility to create new interactive The effectiveness of the implementa- services like EPG and associated on- tion of these principles will be evalu- line services in this remit. 29 Further- Questions concerning the ated on a regular basis in 13 member more, these states have also foreseen implementation of the basic states. 38 Out of these 13 states, 9 39 have the possibility of creating new special- principles contained in the already established (or are planning to ised channels. 30 Appendix of Recommendation R establish) a monitoring system, whose On the other hand, 10 member coun- (2003) 9 (g) results will be made public. tries 31 have declared that there has The principles contained in the recom- Finally, the majority of the member been no adaptation of the remit of mendation have been brought to the states which replied to the question- public service broadcasting to the attention of public authorities in 17 naire 40 declare that the development digital environment. In these states, out of 23 member states which an- of internet has influenced national leg- the remit of public service broadcast- 34 swered the questionnaire. The princi- islation on digital broadcasting. ing remained to a large extent identi- ples have usually been communicated cal to the existing remit. Furthermore, on government web pages and during 35. In the case of Latvia, Norway, Ukraine. conferences, sometimes by special de- 36. Namely Albania, Bulgaria, Croatia, Finland, 27. Including the French Community of Belgium, France, Germany, Italy, Latvia, Lithuania, Norway, Bulgaria, Czech Republic, Finland, France, Germany, livery, similar targeted communica- Poland, Portugal, Ukraine. Italy, Latvia, Lithuania, Malta, Norway, Portugal, 37. Norway, Ukraine. Slovenia, Sweden, Switzerland, and Turkey. 32. Namely French Community of Belgium, 38. French Community of Belgium, Croatia, Fin- 28. The states which have already adopted the Czech Republic, Finland, France, Italy, Norway, Slov- land, France, Italy, Latvia, Lithuania (foreseen), remit are Belgium. Czech Republic, Finland, France, enia, Switzerland. Malta, Norway, Poland, Serbia and Montenegro, Germany, Italy, Sweden, Switzerland, Turkey; Portu- 33. Including Albania, Armenia, French Commu- Slovenia, Ukraine. gal is currently examining the issue. nity of Belgium, Croatia, Czech Republic, Finland, 39. French Community of Belgium, Croatia, Fin- 29. Except for the Flemish Community of Bel- Germany, Italy, Lithuania (foreseen), Norway, land, Lithuania (foreseen), Malta, Poland, Serbia and gium, but including Bulgaria and Slovenia. Poland, Slovenia, Sweden, Switzerland, Turkey. Montenegro, Slovenia, Ukraine. 30. Except for Belgium, but including Slovenia. 34. Notably in Albania, Bulgaria, Croatia, Czech 40. French Community of Belgium, Croatia, Czech 31. Albania, Croatia, Hungary, Latvia, Lithuania, Republic, Finland, France, Germany, Italy, Latvia, Republic, Finland, France, Germany, Hungary, Italy, Norway, Poland, Serbia and Montenegro, Slovenia, Malta, Norway, Poland, Portugal, Slovenia, Sweden, Lithuania, Norway, Poland, Serbia and Montenegro, Ukraine. Turkey, Ukraine. Slovenia, Switzerland.

Compendium of good practice

General rectorate General of Human Rights member states where digital broad- At the 3rd meeting of the MC-S-MD on (the Secretariat) consecutively pre- casting penetration rates were at least 20 and 21 March 2006, delegates pared three documents (MC-S-MD 50% (Austria, Belgium, Czech Republic, agreed on the necessity to send a sup- (2007) 001, MC-S-MD (2007) 004, MC- France, Finland, Germany, Ireland, plementary questionnaire (cf. Appen- S-MD (2007) 004rev) which contain a Lithuania, Norway, Switzerland, dix, page 18) to selected member compilation of responses of selected Turkey, United Kingdom). The present states in order to acquire additional in- draft compendium of good practices is formation on good practices in terms 41. Please note that after the 5th MC-S-MD based on the three above-mentioned of (a) preparation of the public for the meeting on 4 and 5 April 2007, a revised additional documents and is meant to serve as questionnaire modelled on the additional ques- new digital environment and (b) adap- tionnaire but comprising a supplementary ques- source of inspiration and further guid- tation of the public service remit to the tion (c) regarding other related measures which do ance to those member states which digital environment. With regard to not fall directly under the above (a and b) and have are still in the process of adopting their been particular successful in the view of the these two issues and on the basis of member states was sent to selected member media market to the new digital envi- the additional questionnaire, 41 the Di- states. ronment.

9 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Question concerning the Czech Republic Finland preparation of the public for the Although no concrete measures for Being one of the first European coun- new digital environment 43 the preparation of the public to the tries to transfer to all-digital televi- new digital environment have been sion, Finland took a series of measures Austria set yet, the following steps have been to accompany the public through the digitisation process. A particularly To prepare the public for the switch to taken in the Czech Republic: good practice and important contribu- digital broadcasting, various measures
The digital broadcasting develop- tor in implementing the major digitisa- have been taken in by the Austrian au- ment policy approved by the Czech tion project in a fairly short period of thorities: Government in 2006 provides for a time was the successful collaboration
As a starting point for the digitisa- nation-wide information campaign to between the players involved, includ- tion process, the Austrian Federal be mounted. ing the Ministry of Transport and Com- Chancellery set up the “Digital Plat-
The public has been informed munications, other public authorities, form Austria”, a forum of experts about the new areas covered with the the Finnish Broadcasting Company which, together with the national reg- digital terrestrial signal and about new YLE, the network company Digita Oy ulatory authority, developed a transi- services available via both of the two and commercial and cable television tion concept for the introduction of Czech Public Service Broadcasters. 42 operators. Moreover, the whole tech- digital broadcasting. According to the nological changeover process was ac- timetable, the transition to digital will companied by a great enthusiasm Denmark be completed in 2010. among the public and private stake- The Danish public has been prepared holders. Most notably, the following
As a second step, a home page for the evolution in broadcasting tech- action made a significant contribution that enables the public to follow the nology by the following means: to the extremely successful switch to rollout plan and a help desk service to digital in Finland: provide assistance and give technical
The Danish parliament has support have been established. Be- granted 50 million DKK (approximately
At a quite early stage, a working sides, a certificate for digital receivers 6.7 million EUR) for the period 2007-09 group was appointed by the Ministry has been elaborated in order to give to a public information campaign on of Transport and Communications to consumers an orientation when adapt- digital television broadcasting, sup- prepare a communications plan and ing their TV-sets with set top-boxes. ported by the public service broad- monitor and coordinate the digitisa- casters, relevant government tion process. The working group
Together with the start of the si- departments, the gatekeeper and rep- included representatives and stake- mulcast period in 2006, a national in- resentatives from the business. The holders from the Finnish Communica- formation campaign and various platform-neutral campaign is aimed at tions Regulatory Authority as well as events informing the public about the the public as a whole, but with special major private and public broadcasting rollout plan and giving advice to cus- regard to public groups which are lack- companies. tomers have been launched. ing of knowledge or are less interested
As early as 2004, an information in new technology. team with representatives from the Flemish Community of Belgium
The licence, allowing the com- entire sector took up its work to inform In Flemish Belgium, a series of meas- pany I/S DIGI-TV (a co-venture be- the media and viewers about the ures have been taken by the public tween the two Danish public service switch-over. In this connection, spe- broadcaster VRT to prepare the public broadcasters DR and TV 2) to distrib- cial attention was paid to the ade- for the new digital environment: ute digital television in Denmark stipu- quacy, correctness and user- friendliness of the information pro-
In 2006, an audiovisual and cross- lates obligations to provide the public vided. The digital TV information team media project with specific attention with relevant information on digital produced information spots for televi- on new media services in television broadcasting and to cooperate with sion, cinema and radio, distributed and radio programming was set up on industry stakeholders in order to ensure an efficient system of trouble- brochures and information leaflets and various TV channels. 44 shooting in case of any problems with set up a web page giving information
Specific programmes around dig- the digital reception. about the digitisation process. ital media were organised, a seminar
In 2006, one year before the defi-
Similar provisions providing for was arranged, a book was published nite switch to digital, a working group and a website was set up. an obligation to inform the public and cooperate with other professional
43. Finland abandoned analogue terrestrial tele- On the public broadcaster’s differ- stakeholders are foreseen in the li- vision transmissions and completely switched over ent channels, digital services are fre- cense which will be issued to a private to digital television on 31 August 2007. quently fostered and new applications 44. The website
     constituted gatekeeper of four Multiplexes. a very important part of the information campaign via new media channels are offered to which also included television spots, cinema pre- the public. 42. Česká televise and Český rozhlas. feature ads, radio, etc.

10 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

was set up 45 to develop and organise campaign will be financed by the state 2006. The purpose of the trial is two- the education of different social and and carries a value of €8 million per fold: public organisations, providing them year.
First, the testing aims to build mo- with the necessary knowledge to help
A joint venture including major mentum amongst key stakeholders in private individuals to cope with ac- broadcasting companies 48 has been relation to the potential of digital ter- quiring and installing digital equip- founded with the purpose to hold in restrial television. ment. Apart from that, the working trust funds to finance informative cam-
Secondly, general public should group was also assigned the task to co- paigns and allowances for people in be informed about the new techno- ordinate the different operations and need. logical prospects. processes involved in digital transition
Even before the new law on dig- and keep special interest groups in- ital broadcasting came into force in formed about the situation regarding Lithuania March 2007, French authorities took a digitisation. Among others, Lithuania’s public was series of measures to promote the
Furthermore, the working group prepared by the following means for transition to “all-digital”: an associa- the new digital environment: organised a national campaign where tion of interested stakeholders 49 was
trained volunteers installed set-top founded in 2004, with the objective to The permissions to use frequen- boxes in (especially elderly) people’s inform the general public about the cies in the digital terrestrial television homes and assistants were instructed switch-over process and facilitate networks contain provisions requiring to assist organisations for the disabled access of the population to the new that service providers invest in the de- 46 and retired. technologies. The association set up a velopment of digital networks and special Internet page 50 and a helpline compensate society’s expenditures on France which, among others, provide custom- set-top boxes during a certain period 51 The adoption of a new law providing ers with an answer to their question of of time. for a modernisation of audiovisual whether or not their region has al-
The Lithuanian Ministry of Trans- transmission and digital TV 47 by the ready been covered by digital trans- port in cooperation with other compe- French Parliament in March 2007 has mission. tent institutions plans to adopt considerably boosted the digitisation measures which will encourage the process in France. According to this Germany public to use digital terrestrial televi- law, analogue transmission will be The following measures were among sion until 31 June 2008. switched off on 30 November 2011 at those taken by the German authorities the latest. Furthermore, the law pro- to foster public awareness of digital Norway vides for a set of measures which aim TV: Norway has taken the following steps to protect the consumer in the new
To accompany the switch-over to ensure an efficient preparation of digital environment: process to digital TV which was under- the public for the new digital environ-
Both producers and sellers of new taken in a very short simulcast phase ment: technological equipment necessary region by region, information to the
Both the private broadcaster for an active participation in the digital public was provided very early and NTV 52 and the Norwegian public serv- environment are obliged to furnish de- sufficiently via press campaigns, radio, ice broadcaster NRK 53 are required to tailed information about the exact internet and national as well as local provide information to the public usage of the products. Moreover, TV spots. Furthermore, chain stores about the changeover to digital broad- future televisions to be sold have to be also participated in the information casting. Above all, NTV is due to estab- equipped with digital receivers and campaign by circulating flyers and lish a special customer support service new buildings must be fit for reception handouts. and NRK is ordered to distribute infor- of all kinds of frequencies and plat-
Additionally, information con- mation about the change of technol- forms. cerning costs and convenience, addi- ogy not only by mail but also by using
In order to inform the broad tional value and interactive all its radio and television transmis- public about the digitisation process functionalities of the new digital tech- sions. the new law provides for the mounting nology was furnished to the public.
In addition, the Norwegian Media of a vast information campaign. The Authority is providing platform-inde- Ireland pendent information about the tech- 45. The working group was appointed by the Ministry of Transport and Communications, runs In Ireland, DTT has not yet been fully nological diversification. until autumn 2007 and assembles all major compa- implemented. Nevertheless, trial oper- nies involved in the digitisation process. 51. The period ranges from 2006 to 2010. 46. Apart from the working group, many civic or- ations have been undertaken since 52. Norges Televisjon (NTV). ganisations, too, have arranged numerous events 53. Norsk rikskringkasting AS (NRK), NRK is ac- informing the public about the digital switch-over. 48. A group consisting of national analogue TV tively involved in technological innovation and is 47. La loi n o 2007-309 du 5 mars 2007 relative à la channels, called “France Télé Numérique”. playing a key role in the switch to all-digital; For in- modernisation de la diffusion audiovisuelle et à la 49. Télévision numérique pour tous. stance, NRK is one of the pioneers of digital radio in télévision du futur. 50.
    . Norway.

11 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Spain
Specific information campaigns:
Granting financial support for the Together with Impulsa TDT, an aware- acquisition of set top-boxes in certain There are some useful initiatives ness campaign was launched for prop- cases. aiming at preparing the public to use erty administrators, which has been Digital Terrestrial Television (DTT). completed with an Aerial-set-up Pro- Turkey Among the most general ones we can gramme in co-operation with the Re- highlight: gional Communities. This Programme In 2005, the Turkish Communication High Council approved the “Turkish
has led to the adjustment of 52% of The institutional information is terrestrial digital television plan”, pro- hosted in the website of the Ministry the buildings in need for adjustments. Also campaigns have been launched viding for the appointment of Radio of Industry, Tourism and Commerce, and Television Supreme Council which is the department in charge of for neighbourhood associations through mailing in coast areas and (RTUK) as co-ordinator of the digitisa- the execution of the Plan through the tion process. RTUK is currently negoti- Agency of Telecommunications and others nearby, tourist places, settle- ments of over 10 000 people. ating with major stakeholders, for the Information Society (SETSI), relevant authorities, organisations, which in turn includes an Office that is
It is worth highlighting Pilot and broadcasting enterprises in the responsible for the initiative and is ac- Project Soria, which takes in the capital sector. Since 2006, pilot projects on countable for its development (
 and 68 municipalities for a total of digital terrestrial television broadcast        ). Moreover, a User 40 000 people, in which a number of have been launched in 3 major cities. Care Centre is available on the tele- measures have been developed for de- Besides, the transition process is ac- phone number 901-2010-04, which termining how effective it was and companied by shows the date of the analogical consequently whether it is convenient
switch-off (year/month). for application in similar areas. The Issuing press releases and inform- town councils are helping identify ative online content as well as informa-
ImpulsaTDT: It is an Association needs and problems, and direct infor- tion spots for audiovisual media that joins national and regional radio mation activities are being carried out, informing the public about digital broadcasters as well as the main oper- to the extent of sending out volun- media and its facilities. ator of the broadcasting network, and teers for training in the use of DTT and
Implementing a project on media aims to implement and develop DTT, taking the technical means to isolated literacy, carried out by RTUK in co-op- in permanent co-operation with rural areas where there are elderly eration with the Turkish Ministry of Ed- public administrations. In its website, people. The whole project is being ucation. In the context of the project, any citizen can have access to updated monitored and penetration studies are new courses on media literacy will be and full information of the DTT imple- being performed. included in the school’s curricula and mentation process and may check on seminars for the use of digital equip- the expected coverage for their home ment will be organised in order to fa- area (
    ). Switzerland cilitate the access of people with While Swiss public authorities have
Overall communication cam- specific needs to the new services. adopted the legal framework for the paigns: So far they have been organ- introduction of digital TV, the actual ised twice a year, in spring and for implementation of the digital change- United Kingdom Christmas. The message has been fo- over is primarily undertaken by the In the United Kingdom, digital switch- cused first on informing the popula- Swiss public service broadcaster SRG over will start in 2008 and end in 2012. tion about the advantages of the new SSR, so far the main Swiss broadcast- Already today, the United Kingdom is technology over the analogical one ing company that plays a major role in the most digitised media market in and about the requirements to have it; the digitisation process. Starting with Europe, with over 90% of homes re- then, it has been directed to informing the Swiss canton Tessin in July 2006, ceiving digital television via one of them of the analogical switch-off and digital switch-over is now carried out several platforms. The British public of the fact that the DTT will be the only by SRG SSR in the whole territory. To- service broadcaster BBC is taking the alternative standing. All the available gether, a vast information campaign lead in converting all terrestrial receiv- media is used: in the press with small has been mounted to inform the pop- ing homes to digital. The Secretary of ads or cartoons as well as booklets ulation about the technological state for Culture, Media and Sport on with more explanatory leaflets, spots changes to come. Particularly, SRG SSR his part is responsible for the switch to on TV, radio and the Internet, bill- has taken various – mostly informative digital reception and will take a set of boards in the street, bus stops, shop- – measures such as: measures to assure the effective prep- ping centres, information spots in big aration of the public for the new capitals, etc. Several means have been
Providing information through digital environment: used in the campaigns to deepen the handouts, leaflets, newspaper articles, transition process. Thus, for instance, press releases, information spots for
Knowing that elderly and disa- in spring “Mother’s day” is used to pro- television, setting up of an Internet bled people will need help to switch, mote the sale of decoders. platform and a helpline. the Secretary of State has announced a

12 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

digital switch-over help scheme to being changed to fit into the new dig- territory, several measures have provide assistance to these groups. 54 ital environment. The new service con- already been taken by Czech authori-
Digital UK, 55 the body formed to tract explicitly commands the public ties: service broadcaster VRT 58 to explore oversee the technological changeover
It was decided that the two Czech new media technology and content. in the United Kingdom has targeted public service broadcasters 62 shall op- Accordingly, new media services are with leaflets households in the regions erate as well the current analogue currently being developed and the switching earliest and has also adver- channel on the digital terrestrial plat- 56 public service remit is distributed over tised nationally. form and another two new digital tele- new platforms.
An independent organisation 57 vision channels as multimedia content
has been set up with the task of pub- Although a time plan for the ef- and additional services accompanying lishing detailed evaluation and expla- fective implementation has not yet TV and radio services. nations of customer electronics been set, the evolution of Flemish Bel-
As for the financial conditions, the equipment for digital reception. gium’s public service remit to new dig- ital environment has been put down in Czech Parliament approved a law in a “management agreement” between 2005 allowing for the license fee to be Question concerning the the Flemish Government and the PSB. increase in the years 2007 and 2008 in adoption of public service order to supply Czech Television with broadcasters’ remit to the new French Community of Belgium sufficient financial resources to fulfil digital environment the new tasks. In the course of the adoption of public Austria broadcasters’ remit to the new audio- visual communication technology, the Denmark Concerning the adoption of public Government of the French Community service broadcaster’s remit to the new According to the public service con- of Belgium has imposed on the public digital environment, Austrian has tract between the Ministry of Culture service broadcaster RTBF 59 to taken the following steps: and DR, one of the two Danish public
service broadcasters 63 – DR – has the
The Austrian public service Reaffirm the public remit which right and duty to offer public service broadcaster ORF offers a multi-text contains basic principles such as the content on all relevant platforms to service providing a wide range of in- implementation of high journalistic the general public. The public remit in- formation (news, culture, entertain- standards, objective information, im- cludes general information, art, educa- ment) and is now developing partiality and education; tion and entertainment and shall be interactive applications. On its TV
Adopt the public remit to the new offered by way of text, sound and channels, the ORF refers to digital serv- digital environment by expanding the images on all relevant technological ices and new applications. Moreover, means of broadcasting. In particular, platforms. Accordingly, DR shall focus an electronic programme guide (EPG) the RTBF is encouraged to set up non- on the production of public service has been established. linear services, new audiovisual serv- broadcasting services specifically de- ices and new internet services which
The Multiplex license regulating veloped for such platforms. Further- provide the customer with updated the distribution of digital terrestrial tel- more, DR shall provide for the audiovisual content, live stream and evision provides the obligation to im- following content: peratively distribute the Austrian current information. public broadcaster’s two channels
Especially with regard to children (ORF 1 and ORF 2) and one private Czech Republic and young people, DR has made an channel (ATV). The laws on the organisation of public effort to offer sites which succeed in service broadcasting in the Czech Re- attracting this age group. Hence, DR is Flemish Community of Belgium public 60 were amended in 2005, planning to establish a digital channel combining history and children’s pro- Flemish Belgium has taken the follow- changing public service broadcasters’ gramming. ing action in order to adopt public remit with regard to new technologi- broadcasters’ remit to the new digital cal possibilities. The framework for the
In order to contribute to the environment: digitisation process was set by the public purpose, DR broadcasts a digital broadcasting development
The existing public service remit number of nation-wide DAB channels policy approved by the Government in and is planning to provide services for for the public broadcaster is gradually 61 2006. Even if digital terrestrial TV is persons with sensory handicaps such 54. The projected BBC budget for the help not yet available in the whole of the as sign language interpretation of scheme is £600 million. newscasts on the digital broadcasting 55.
     . 58. Vlaamse Radio- en Televisieomroep. 56. Expenditure on the information campaign is 59. Radio-télévision belge de la Communauté network. £200 million, making it the most expensive in française. Europe. 60. Law No. 483/1991 on the Czech Television; 62. Česká televise and Český rozhlas. 57. The organisation can be visited at
 Law No. 484/1991 on the Czech Radio. 63. The two Danish public service broadcasters        . 61. Available at
  . are DR and TV2.

13 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

DR is currently developing its web for each broadcaster in particular. In Germany presence, which, according to DR’s general, the public service remit in- Following the recent compromise yearly report, is the most popular con- cludes the obligation to transmit a reached between Germany and the tent site in Denmark. The broadcaster’s varied range of analogue and digital European Commission regarding the internet site includes a category “DR programmes in the fields of culture, funding of PSB, the exact definition of Update”, which enables the public to education, news, sport and entertain- the public service broadcasters’ remit watch news around the clock from DR. ment. French public service broadcast- is currently under discussion. In the ers 66 started to offer new digital and framework of the compromise on state Finland interactive services quite early. Each aid, which will be implemented within Finnish public service broadcasters’ public service broadcaster signs a four two years, Germany announced the remit requires public service broad- or five year contract with the French establishment of an evaluation proce- casters to be present on all the availa- government, which stipulates, among dure and criteria for all new or modi- ble platforms. Moreover, it provides for others, that PSB must foster relations fied digital services provided by public a wide range of programmes for mi- with the public through the use of all service broadcasters. Although the norities and disadvantaged groups, for interactive services available and try to exact dimension of the above-men- promoting the Finnish culture and for provide the public with the latest audi- tioned remit has not been determined broadcasting children’s, religious, edu- ovisual techniques available. Accord- yet, public service broadcasters are, on cational and study programmes. ingly, the different broadcasters have the basis of constitutional guaranteed Among others, public obligation refers set up a large variety of measures, in- fundamental rights, 70 entitled to to: cluding
Use all (analogue and digital)
The easy accessibility of all serv- platforms to deliver their content to li- ices throughout the digitisation proc-
The constant and simultaneous cense fee payers; transmission of digital TV by France 5 ess. In particular, the technological
Provide online and mobile serv- and ARTE. quality of public service television pro- ices. grammes and services must be the same for everyone.
The setting up of a web site offer- ing high quality audiovisual content 67 Ireland
The supply of a certain number of which can be used by children, teach- In order to be well prepared for the digital channels. For example, the ers and students for educative pur- definite future rollout of digital broad- Finnish Broadcasting Company (YLE) casting, Irish public service broadcast- introduced, in addition to the existing poses. ers are participating in the current basic channels, 64 three new digital
testing process. This has provided channels (one channel specialised in The launch of France 4, a new en- them with an opportunity to learn culture and science, one current affairs tertainment and cultural channel. The about the new digital technologies channel and one Swedish-language new channel offers programmes such ahead of the actual changeover. Only channel). As to the supply of commer- as theatre and musical performances, recently the first digital broadcast cial channels in the new digital envi- cinema and sports. license was issued to the public broad- ronment, the terrestrial digital
caster RTÉ. Accordingly, public broad- television network extended its offer- The introduction of an all-digital 68 casters in Ireland have already started ing 2007 to seven free-view commer- public affairs channel providing the to publish information on its website cial channels and six pay-TV channels. French public with current political topics, live transmission of parliamen- regarding the technological changeo-
The supply of additional services. tary debates and a platform for politi- ver and to develop new digital services For example, YLE has produced addi- cal debate. such as: tional services in digital television par-
Digital teletext, HDTV; ticularly for disabled people and
The implementation of a broad minorities (including audio descrip-
Audio-description services. variety of online and multimedia serv- tion for the visually impaired and sub- ices by several broadcasting compa- 69. Among the services offered: Radio France’s titles for the hearing impaired), as well nies such as Radio France, ARTE and podcasting for free,
      as MHP-based services like the elec-   69 ; ARTE’s free video-on-demand: tronic programme guide and digital France Télévision.
  ; France Télévisions’ interactive platform and the possibility of setting up subsidiar- teletext. 65. La loi n o 2007-309 du 5 mars 2007 relative à la ies to produce public service programming:
 modernisation de la diffusion audiovisuelle et à la   . France télévision du futur. 70. In Germany, broadcasting of audiovisual 66. France Télévision, Radio France, Radio France content is governed by the 1949 Constitution that In France, the new law on public International, France 3, France 5, ARTE, La Chaîne enshrines broadcasting freedom as a fundamental audiovisual communication 65 defines Parlementaire et Public Sénat. right. Correspondingly, German public service 67. The content spans the following areas: citi- broadcasters like ARD, ZDF, regional and specialised the public service remit in general and zenship, media literacy, art, science, geography, his- channels such as 3sat, ARTE, KinderKanal and tory, economics and news;
    . Phoenix enjoy editorial, administrative and financial 64. YLE1 and YLE2. 68. La Chaîne Parlementaire et Public Sénat. independence.

14 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

Lithuania platforms and applying the principle interactive services, many of which are of technological neutrality. already accessed to by the citizens. Although the digitisation process is still under way in Lithuania, a model of
Expanding the remit to the use of As to the programmes broadcast, Lithuanian digital television imple- new technologies such as the Internet, Canal Clan TV is worth mentioning, mentation in Lithuania, approved by podcasting, web services, and live which is specifically oriented for chil- the Lithuanian Government in 2004, streaming. dren. provides for: Spain Switzerland
The need to endow Lithuanian After the federal authorisation to intro- public service broadcaster with the Law No. 17/2006 of 5 June, of Public duce digital terrestrial television in technical resources necessary to Radio and Television, includes a basic 2003 and after the adoption of Swit- broadcast its television programmes design to adapt public TV to the new zerland’s public service remit to the through the digital television net- digital environment. Likewise, the reg- new digital environment in 2007, 76 the works. ulations to develop digital terrestrial television in Spain pay special atten- Swiss public service broadcaster SRG
The requirement to restrain from tion to the state PSB insofar as, in the SSR it is not restricted to the emission encoding at least 5 programmes in the transition or simulcast period until the of solely radio and television pro- 77 networks, involving PSB television pro- analogical signal switch-off (3 April, grammes any more. The concession grammes. 2010), a larger number of digital pro- granted to SRG SSR broadens its field grammes have been allocated as com- of duty, imposes quality requirements, Norway pared to private television operators (5 places obligations on the public broadcaster concerning information, Norwegian’s media scene covered by programmers for TVE in comparison culture and training and provides for the public service remit consists of with 3 given to each private operator). the use of new communication serv- four broadcasters: the state-owned Moreover, as of 2010, TVE will be ices to reach as many people as possi- NRK 71 and three private broadcasters. 72 granted two multiplex channels (a ble. 78 Taking a leading role in the Works to adapt the remit of the public minimum of 8 DTT programmes) in digitisation process, SRG SSR has de- service broadcaster NRK to the digital comparison with only one multiplex veloped a multimedia concept con- environment are still in progress. The channel that would be given to each taining, among others, the following three private broadcasters operate private TV air broadcaster. elements: 79 under license and are free to adopt Basically, TVE, through its iRTVE (inter-
Multimedia platform providing their own strategies concerning the active media) department, is currently new technologies. As the statutes of current information via video, audio rendering the following interactive and teletext; NRK are primarily related to broadcast- services: ing in the traditional sense and do not
Audiovisual portal with more
reflect the developments in technol- Advanced digital teletext than 20 channels and a video-on- ogy and media usage, the remit will
Information about the weather, demand platform. Newscast concern- have to be modified in the near traffic and the stock exchange ing major events is currently being put future. 73 Current plans for the adoption online and the video on-demand pool
Electronic Programming Guides of the remit include the idea of: is continuously being updated after (EPGs) in its DTT channels the programmes emission.
Drafting a new type of document
Dual sound format in the films
New modes of production such as – a charter for the public service broadcast (and with standard Digital multimedia review, multimedia maga- broadcaster – where the main ele- Video Broadcasting subtitles) ments of the public service remit are zines and updated TV programmes on
enshrined. The document is meant to Emplea-T: Access to several job of- the Internet, HDTV and mobile tele- form a fundamental basis of the legal fers, linked to a daily programme phone. exceptions and requirements PSB is broadcast on one of the television 75 supposed to meet. 74 channels. Turkey Implementing these services, as well At the moment, the “Turkish terrestrial
Extending the remit to include as fulfilling the expectations of the digital television plan” approved by the distribution of content via new new RTVE corporation, born after the the Communication High Council in 71. The public service broadcaster Norsk rik- aforementioned Law No. 17/2006 was 2005 is still in the testing process. The skringkasting AS (NRK). enacted in 2007, will contribute to de- 72. TV2 and two radio stations, Kanal 24 and P4. veloping the information society by in- 76. The Federal Act on Radio and Television of 73. It has to be noted that, despite the outdated March 2006 entered into force on 1 April 2007. remit, NRK is already offering new technologies cluding a wide range of related and 77. SSR was granted a 10-year concession effec- such as podcasting, live streaming, and mobile tive as of 1 January 2008. services. 75. The user may access to the job offers adver- 78. Articles 4, 5 and 9 of the concession SRG SSR. 74. At present, the document is being circulated tised in the different Regional Communities and 79. The present example refers to Télévision for public comment and will then be presented to get further information about these jobs through Suisse Romande (TSR), a regional branch of SRG the Norwegian Parliament. the decoder connected to their telephone line. SSR.

15 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

public service broadcaster Turkish Austrian authorities and approved by technology, such as a mobile phone, Radio Television Company (TRT) plays the European Commission under state pocket TV or a device installed in a car. a central role in the transition to digital aid regulations. Since 2004, a legal terrestrial broadcasting. Accordingly, framework for a scheme of promotion digital broadcasting capacities were and development of digital television Germany tested in three major cities for the first in Austria 80 has been established. Ac- With regard to the fact that digital ter- time in 2006, using the technical infra- cording to these provisions, grants are restrial TV will not be available in the structure facilities supplied by TRT. The awarded on the basis of technology- whole country in the near future due outcome of the current testing process neutral criteria with due attention to to high infrastructure costs, German will be considered in the “future action all transmission means and platforms authorities are planning to provide the plan” which is to be drafted by the Tel- for digital broadcasting. Moreover, population with information about the evision Supreme Council (RTUK). While consumers can apply for financial availability of alternative digital recep- basic general principles concerning support when buying their set-top tion possibilities such as satellite or the duties and tasks of the public boxes and low-income households get cable. Recipients should be in a posi- service broadcaster are laid down in financial support for the purchase of tion to opt for the kind of infrastruc- the current Law of TRT, it is very likely set-top-boxes to switch to digital re- ture that fits their personal needs best. that the remit will be adapted to ception and to prevent them from ex- digital environment in the wake of the clusion of the digitisation process. outcome of the evaluation process. Ireland The “future action plan” particularly Finland provides for: In 2007, new legislation was adopted In Finland, one of the pioneer coun- to provide for digital broadcasting at
The possibility to create new spe- tries in the field of digital broadcast- both a public service and commercial cialised channels; ing, analogue television broadcast level. It is anticipated that the modifi-
The possibility of setting up new ended on 31 August 2007. The first cation of the legal framework will help interactive services like EPG, banking steps towards a digital environment develop consumer interest in the new services, pay TV, recent formats like were taken by the Finnish public digital technologies and advance the MHP and MHEG 5. service broadcaster YLE in 1997, when analogue switch-over process. In addi- it was among the first operators in the tion, a stakeholder group has been United Kingdom world to start testing digital terrestrial formed prior to licensing DTT. The In 2002-03, the British public service transmissions. The first licences for stakeholder group’s tasks are to ensure broadcaster BBC was granted approval digital television were granted in 1999 interoperability across a digital plat- by the Government to launch a major to eight operators for ten years. The form that will be set up and provide for package of new digital television and license holders started digital trans- the development of a receiver and radio services. The new BBC charter missions in three transmission net- service specification. which came into force on 1 January works in 2001 making Finland one of the first countries in Europe to start 2007 provides for the BBC to take a Lithuania leading role in the switch-over to terrestrial digital television broadcast- ing. 81 Today, digital television broad- digital television. Additionally, the BBC Lithuanian government institutions re- casting is being practised in five itself has been developing new sponsible for the implementation of multiplexes (A, B, C, D, E). 82 Multiplex D projects which do not require Govern- digital television provide relevant in- is used exclusively for mobile televi- ment approval and include formation concerning digital broad- sion broadcasts. Programmes trans-
casting online. In addition, individuals Freesat, a guaranteed free-to- mitted in the network can be viewed have set up a special Internet page 83 view satellite programme. by means of a receiver using DVB-H providing information about digital
On-demand-service, which allows TV. the download of both TV and radio 80. “Digitalisierungsfonds”, endowed with €6.5 million per year; earmarked not only for projects content over the internet. promoting digital transmission technologies and digital applications based on European standards Spain but also for consumer-oriented measures. Question concerning other 81. The first European countries that have com- related measures, which have pleted analogue switch off are the Netherlands, Sharing experiences is one of the most been particularly successful in Finland and Sweden. useful measures. So, it is highly profita- 82. Multiplex A: covers 99.9% of the population, ble for Spain to consider the Andorra the view of the member states used by YLE and the two biggest commercial chan- nels; Multiplex B: covers 99.9% of the population, case, in which the analogical switch off used by YLE and the two biggest commercial chan- occurred in September 2007, and also Austria nels; Multiplex C: covers 80-85% of the population, Pilot Project UK in the municipality of To support the introduction of digital transmits mostly sports and music channels; Multi- plex D: for a mobile television network; Multiplex E: Whitehaven. television, a set of (mostly financial) covers 95% of the population, used by seven pay- measures was taken by the competent TV broadcasters. 83. Available at:
       .

16 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

Conclusion As a wide variety of different, usually legal provisions will be modified at the sector at least partially supported by country-specific, approaches to intro- switch-over to digital in only half of the state. 85 duce digital broadcasting and switch the states. Moreover, the practice of the various off analogue networks exist and Furthermore, it can be noted that one member states that replied to the ad- market conditions, government ef- ditional questionnaire shows a series forts, political will, operating schedule of the key conditions for a successful introduction of digital technology is a of other factors that may be essential and determined willingness on the for the effective implementation of part of private stakeholders and public strong market presence of public service broadcasters willing to take a digital television: First of all, a good co- service broadcasters involved vary ordination of the different industry from member state to member state, it clear leading role in the digitisation process. Accordingly, most of those players together with an euphoric may not be appropriate to entirely spirit among the public and follow a specific rollout plan and apply states that have declared that public service broadcasting plays a central cooperation and enthusiasm of both one uniform formula across all mar- public and private broadcasters which kets. Nevertheless, the previous prac- role in the transition process usually also rank among the most successful undertake the conversion. Secondly, a tice of member countries which have good preparation of the public for the already successfully completed digital ones regarding digital policy and the transition process. new digital environment by mounting switch-over and analogue switch off or well funded information campaigns are currently in the process of adopt- However, apart from the primary im- and providing financial subsidies for ing their media market to the new portance of a strong public sector for a home equipment for people in need. digital environment can serve as successful introduction of digital Thirdly, an incentive for broadcasters helpful guidance and circumscribe the broadcasting, other factors which to innovate and take up a leading role most promising path toward digitisa- could only briefly be touched upon in in the general promotion of new tion. this report such as a well-functioning media technologies by renewing private sector and a clearly visible public remits and including obliga- All in all, assessed on the member community media sector might be de- tions to operate on all existing plat- states’ replies to the questionnaires, cisive for the fast public acceptance forms, promote digitisation, establish roughly two third of the Council of and employment of the new digital internet media and simulcast pro- Europe member countries is actively technology. Particularly the third gramme services. participating in the digitisation sector media is of great importance for process by either implementing an Ultimately, European Union member the inclusion of oftentimes marginal- elaborated strategy for the transition states will also have to incorporate the ised social groups 84 which receive in- to digital broadcasting or developing new Audiovisual Media Services Direc- sufficient attention from the such a strategy. Also, the services tive into national law by 2009, which mainstream media into the new digital which are offered by broadcasting will progressively lead to a further dis- environment. Yet, in order to be con- companies on the basis of licenses solution of borders between media ductive to the digitisation process, the granted by national authorities usually services and technologies and thus third sector media requires several have to be varied, divers and techno- push the European media market conditions to be met, including the logically neutral. Most states have leg- towards all-digital. creation of an appropriate legal frame- islation limiting the concentration of work together with a supportive policy 85. See Lewis, Maynard, The role of media in pro- media ownership which also applies to infrastructure and the existence of an moting social cohesion with particular reference to digital broadcasting. While regulatory community, local, minority and social media , Report organisation representative of the measures protecting minors against prepared for he Council of Europe’s Group of Spe- cialists on Media Diversity (MC-S-MD), Directorate harmful content exist in virtually all of 84. Such as young children, older people and General of Human Rights and Legal Affairs, Council the member states, the corresponding ethnic minorities. of Europe, 2007.

17 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Appendix

Questionnaire on the 5.4 Providing favourable economic 5.1.2 If no, will it be extended to implementation of conditions? include Digital Broadcasting Services? Recommendation R (2003) 9 5.5 Providing favourable technical 6. Is there another type of regulation a. create adequate legal and eco- conditions? which contributes to diversity, notably nomic conditions for the development of 6 Has legislation to regulate digital to the diversity of content? digital broadcasting that guarantee the broadcasting been adopted? 6.1 If no, do you intend to adopt pluralism of broadcasting services and 7 Is legislation to regulate digital such regulation? public access to an enlarged choice and broadcasting in process? variety of quality programmes, including c. be particularly vigilant to ensure 8 Is adopted or planned legislation the maintenance and, where possible, respect for the protection of minors and to regulate digital broadcasting : extension of the availability of transfron- human dignity and the non-incitement tier services 8.1 A revision of existing broadcast- to violence and hatred in the digital ing legislation? environment, which provides access to a wide variety of content; Questions 8.2 An entirely new legislation relat- ing specifically to the digital environ- 1 Has a strategy for the transition to Questions digital broadcasting been drawn up? ment? 1 Are there regulatory measures pro- 1.2 If yes: b. protect and, if necessary, take posi- tecting minors against harmful 1.2.1 Have relevant industries and tive measures to safeguard and promote content? media pluralism, in order to counterbal- the public been consulted? 1.1 If yes: ance the increasing concentration in this 1.2.2 What does the strategy seek to sector; 1.1.1 Were/will these regulatory promote: measures be adapted/modified during 1.2.3 Co-operation between opera- Questions the switch-over to the digital environ- tors? ment? 1 When awarding licences to Digital 1.2.4 Complementarity between Broadcasting Services, do the authori- 1.1.2 Is a monitoring system estab- platforms (terrestrial, satellite, cable)? ties ensure that: lished? 1.2.5 Interoperability of decoders? 1.2 The services on offer are many 1.1.3 Are other measures taken (e.g. 1.2.6 Availability of a wide variety of and varied? information)? content? 1.3 The establishment of regional/ 1.1.4 Are there self-regulation meas- 2 If no: local services is encouraged? ures on this subject? 2.1 Have you organised activities to 1.4 There will be a high degree of in- 1.2 If no: elaborate a strategy? teroperability and compatibility: 1.2.1 Is the adoption of such regula- 2.2 What is the public/governmental 1.4.1 – of reception? tory measures envisaged? authority responsible for the elabora- 1.4.2 – of decoding and decrypting 2. Does the protection of the human tion of the strategy? equipment? dignity form the subject of particular 3 Has a date for digital switch-over 1.4.3 – of systems granting access regulation? nationally been set? to Digital Broadcasting Services and 2.1 If yes: 3.1 If yes, please indicate the date: related interactive services? 2.1.1 Were/will this regulatory meas- 4 Will digital switch-over be done re- 2 Will the availability of free-to-air ures be adapted/modified at the gionally in stages? services be maintained? switch-over to the digital environ- 4.1 If yes, please indicate the start 3 Will national Digital Broadcasting ment? and the stages below Services be available abroad? 2.1.2 Is a monitoring system estab- 5 Has the work towards digital 4 Will regional Digital Broadcasting lished? switch-over also included: Services be available abroad? 2.1.3 Are other measures taken (e.g. 5.1 Taking into account the interests 5 Is there regulation limiting the con- information)? of the public? centration of media ownership? 2.1.4 Are there self-regulation meas- 5.2 Taking into account the interests 5.1 If yes, does media ownership reg- ures on this subject? of the various broadcasters? ulation apply to Digital Broadcasting 2.2 If no: 5.3 Providing an appropriate legal Services? 2.2.1 Is the adoption of such regula- framework? 5.1.1 If yes, will it be maintained? tory measures envisaged?

18 Report prepared by the Group of Specialists on Media Diversity (MC-S-MD), November 2008

3 Do measures exist which aim to e. guarantee that public service broad- Service Broadcasting to fulfil its remit avoiding content which is an incite- casting, as an essential factor for the in the new digital environment? ment to hatred, violence, xenophobia cohesion of democratic societies, is 3 Does/will Public Service Broadcast- or religious intolerance? maintained in the new digital environ- ing play a central role in the transition 3.1 If yes, which kind of measures: ment by ensuring universal access by process to Digital Terrestrial Broadcast- individuals to the programmes of public ing? 3.1.1 Legislation? service broadcasters and giving it inter 3.1.2 A monitoring system? alia a central role in the transition to ter- g. bring the basic principles contained restrial digital broadcasting; in the appendix to this recommendation 3.1.3 Other measures (information, to the attention of the public authorities self-regulation)? Questions and the professional and industrial 3.1.4 Were/will these measures be circles concerned, and to evaluate on a 1 Have the conditions been created adapted/modified at the switch-over regular basis the effectiveness of the to enable PSB to be present on the dif- to the digital environment? implementation of these principles. ferent digital platforms? 3.2 If no, is the adoption of such 1.1 Legal conditions? measures envisaged? Questions 1.2 Economic conditions? 1 Have the basic principles con- 4 Are measures taken regarding the tained in the appendix to the recom- protection of consumers? 1.3 Technical conditions? mendation been brought to the 2 Has regulation for Public Service attention of the public authorities? d. prepare the public for the new Broadcasting concerning must-carry/ digital environment, notably by encour- must-offers on these platforms been 1.1 If yes, how have they been com- aging the setting-up of a scheme for adopted? municated: adequate information on and training 1.1.1 On government web pages? in the use of digital equipment and new f. reaffirm the remit of public service services; broadcasting, adapting if necessary its 1.1.2 In official gazettes? means to the new digital environment, 1.1.3 In conferences, or similar meet- Questions with respect for the relevant basic princi- ings? ples set out in previous Council of Europe 1 Is the public being provided with 1.1.4 By special delivery or similar texts, while establishing the financial, targeted communication? wide-ranging information about technical and other conditions that will 1.1.5 By other means? Digital Broadcasting Services? enable it to fulfil that remit as well as 2 Is the industry encouraged to possible; 2 Have the basic principles con- make available a variety of decoding tained in the appendix to the recom- devices? Questions mendation been brought to the attention of the professional 3 Are training courses in the use of 1 Has the remit of Public Service and industrial circles concerned? digital equipment and new services in- Broadcasting been adapted to the itiated or envisaged to facilitate the digital environment? 2.1 If yes, how have they been com- municated: access to these services by people 1.1 If no: with specific needs? 2.1.1 On government web pages? 1.1.1 Is it identical to the existing 4 Are measures taken to reduce the Public Service Broadcasting remit? 2.1.2 In official gazettes? cost of decoding and decrypting 1.1.2 Has any Public Service Broad- 2.1.3 In conferences, or similar meet- equipment? casting remit for Digital Broadcasting ings? 5 Is there any regulation regarding Services been defined? 2.1.4 By special delivery or similar EPGs? 1.2 If yes: targeted communication? 2.1.5 By other means? 5.1 If yes, does regulation (or other 1.2.1 Is the basic general service measures) include: (news, educational, cultural and enter- 3 Will the effectiveness of the imple- 5.1.1 Ensuring a position for service tainment programmes aimed at differ- mentation of these principles be eval- providers on the EPGs where they op- ent categories of the public) included uated on a regular basis? erate, under fair, reasonable and non- in the remit? 3.1 If yes: discriminatory terms? 1.2.2 Is the possibility to create new 3.1.1 Is a monitoring system estab- 5.1.2 Securing a prominent display specialised channels included? lished or planned? of and easy access to public service 1.2.3 Is the possibility to create new 3.1.2 Will the results of the monitor- channels? interactive services included (e.g. EPG ing be made public? 5.1.3 Paying particular attention to and associated on-line services)? 4 Has the development of the Inter- the specific needs of people with disa- 2 Are the financial and other condi- net influenced your legislation on bilities? tions created to enable the Public digital broadcasting?

19 Member states’ current practice regarding the democratic and social contribution of digital broadcasting

Additional questionnaire the democratic and social contribution the remit of public service broadcast- of digital broadcasting: additional ques- ers to the new digital environment? d. prepare the public for the new tions addressed to a number of selected (For instance, please describe which digital environment, notably by encour- member states new services, such as new specialised aging the setting-up of a scheme for channels, on-line services, electronic adequate information on and training 1. Preparation of the public for programme guides, etc., contributing in the use of digital equipment and new the new digital environment to the democratic and social objec- services: tives, have been developed by the Please give examples of what you con- public service broadcasters.) f. reaffirm the remit of public service sider as particularly successful steps broadcasting, adapting if necessary its taken in your country in order to means to the new digital environment, prepare the public for the new digital 3. Which other related meas- with respect for the relevant basic princi- environment. (For instance, has a ures, which do not fall directly ples set out in previous Council of Europe scheme for informing and training the under the above, have been par- texts, while establishing the financial, public on the use of digital equipment ticularly successful in your view? technical and other conditions that will been set up?) This could concern, for instance, access enable it to fulfil that remit as well as to networks and associated facilities, possible: 2. Adaptation of public service etc.) broadcasters’ remit to the new Additional questionnaire digital environment (revised) Please give examples of what you con- Implementation of Recommendation sider as particularly successful steps No. R (2003) 9 on measures to promote taken in your country in order to adapt

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