Cyprus

[CY] Harmonisation with European Union AVMS Directive

IRIS 2011-2:1/13

Christophoros Christophorou

Council of Europe expert in Media and Elections

Cyprus amended its Law on Radio and Television Stations (L. 7(I)/1998) and the Cyprus Broadcasting Corporation Law (Ch. 300A) and harmonised the Republic's legislation with the European Directive 2010/13/EU on Audiovisual Media Services - codified version. The amending laws were published in the Official Gazette on 10 December 2010.

Extensive amendments to various sections of the Law on Radio and Television Stations aimed at updating it in order to cover the broadcasting and audiovisual landscape, regulating not only the broadcasting sector but also Video-on-Demand (VOD) services.

The terminology section was amended with some terms changed and new ones added, most notable being the change of “station” (broadcaster) into “radio/television organisation” and the addition of “provider of audiovisual services” and other terms relating to the latter’s activities. Several provisions rule on the activities and the obligations of providers of audiovisual services, while special rules for providers of VOD-services introduce an obligation on them to install special filters and mechanisms aiming at the protection of children.

Different licences will be granted according to the category of the broadcaster (general - thematic), the dissemination of its programme (encoded) and other criteria.

The functions and powers of the Radio Television Authority, the media regulator, were also amended to cover a broader spectrum of media services; its power to grant licences and its monitoring of the operation and content of services extend beyond broadcasting, while the Authority will also assume the responsibility to plan and organise media education. Providers of audiovisual services will have to participate in specific aspects of that activity, in particular the dissemination of information relevant to media education campaigns and the creative use of new media.

Product placement, while generally ruled as prohibited, is allowed under special conditions in movies, series and light entertainment programmes, in productions that date after the entry into force of the amending law.

The amendment proposals were made after the Radio Television Authority conducted a public consultation with various groups and organisations, in early 2009. No report of the consultation was made public.

The Law on the public service Cyprus Broadcasting Corporation underwent amendments as well, albeit of a limited scope, in order for it to comply with the new EU Directive.