Council of Europe: Committee of Ministers Adopts Protocol to Amend the 1989 European Convention on Transfrontier Television

IRIS 1998-9:1/4

Annemique de Kroon

Institute for Information Law (IViR), University of Amsterdam

On 9 September 1998 the Committee of Ministers of the Council of Europe adopted a protocol amending the European Convention on Transfrontier Television of 1989 which aims to enhance the free exchange of information and ideas by providing a legal framework with commonly-agreed basic standards for the free circulation of transfrontier television programmes in Europe.

After last year's substantial revision of the "Television Without Frontiers" Directive of the European Communities, it had become necessary to re-align the Convention with the European directive and develop a coherent approach to transfrontier television in the interest of legal certainty of both States and transfrontier broadcasters. To achieve this, the protocol amends the Convention in the following main areas: the definition of advertising and the issue of self-promotion; tele-shopping; programme sponsorship; jurisdiction; abuse of rights granted by the Convention; public access to major events and the timeframe for the broadcasting of cinematographic works.

To date, the convention has been ratified by 18 states (Austria, Cyprus, Finland, France, Germany, Hungary, Italy, Latvia, Malta, Norway, Poland, San Marino, Slovakia, Spain, Switzerland, Turkey, United Kingdom and the Holy See) and it potentially covers 47 European States. As of 1 October 1998 the amending protocol will be open for acceptance by the parties. The amendments will enter into force after all the parties to the present convention have accepted the protocol or, alternatively, two years after it has been opened for acceptance ( i.e.,1 October 2000) unless a party makes an objection to its entry into force.