IRIS Special - New forms of commercial communications in a converged audiovisual sector

Who’s afraid of the big bad data? The face of advertising has changed forever. “Commercial communications” (as they are now known) now exist in an increasingly converged media universe. As a result, the lines between real content and advertising are increasingly unclear.

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Pages : 93
Place : Strasbourg
Date of publication : December 2014
Editor : European Audiovisual Observatory

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Who’s afraid of the big bad data? The face of advertising has changed forever. “Commercial communications” (as they are now known) now exist in an increasingly converged media universe. As a result, the lines between real content and advertising are increasingly unclear. Furthermore, “big data” giving precise details about our needs and behaviour as consumers is stored and exchanged as currency so that advertisers can target us ever more precisely with their message This IRIS Special publication focuses on "New forms of commercial communications in a converged audiovisual sector".


A must read new report on taming the big bad data wolf…


Press release here


Content list


New forms of audiovisual commercial communications in a converged audiovisual sector

I. New forms of advertising in a converged audiovisual sector

1. Emerging advertising techniques and new funding models for audiovisual media services

2. The online advertising market

II. The current European legal framework – the sets of rules on commercial communication in a converged world

III. Challenges brought by emerging forms of commercial communications

1. Editorial responsibility and control

2. Limitations of advertising freedom by data protection

IV. Is the current legal framework ready for the converged advertising market?

V. Summary


Emerging Advertising Techniques and New Funding Models for TV Broadcasters

I. Commercial communications

1. TV companion applications

2. Regulatory concerns and opportunities

3. Innovation on the first screen

3.1. Event breaks

3.2. Themed breaks

3.3. Advertiser breaks

3.4. Advertorials

3.5. Tailored/contextual ads

3.6. Live ads

II. Conclusion


The European Online Advertising Market

I. Overview of the European online advertising landscape – main financial figures and ecosystem

1. A change in the advertising ecosystem

2. Main data on the European online advertising market

3. The online display advertising ecosystem

II. The main objectives and trends of online display advertising

1. Main objectives of online display advertising

1.1. Right advertising message

1.2. Right time

1.3. Right person

2. Trends relevant to online display advertising – the advent of the mobile consumer

2.1. A new revenue stream – mobile advertising

2.2. Limitations of mobile advertising

III. Outlook


The Current European Legal Framework

I. Introduction

II. The legal framework of the European Union relevant for commercial communication

1. Audiovisual Media Services Directive

1.1. Overview and scope of application

1.2. The specific rules on commercial communication

1.2.1. Generally relevant provisions

1.2.2. The key provision of Art. 9 AVMSD detailing general principles for commercial communication

1.2.3. Sponsorship and product placement

1.2.4. Further important provisions

1.3. The relevance of the notion of “programme” and relationship to other Directives

2. E-Commerce Directive

2.1. Scope of application

2.2. Information requirements for commercial communications under the ECD

3. Legal acts concerning specific content in commercial communications

3.1. Tobacco Advertising Directive

3.2. Further example: the Directive concerning Medicinal Products for Human Use

4. Legal acts concerning commercial communication and unfair commercial practices

5. Legal acts concerning data protection

6. Impact of Competition law

III. Concluding remarks


Challenges Brought by Emerging Forms of Commercial Communication: Editorial Responsibility and Control

I. Commercial Communications and Television: why does it matter?

II. Not the first time this issue has been discussed: the EC Interpretative Communication on New Forms of Advertising

The institutional landscape

The issues

The solution

III. Comparison then and now

IV. Innovation in TV advertising (and related areas)

V. What might come next?

VI. Editorial responsibility: technology now poses a profound and unprecedented challenge to the foundation of our regulatory system

VII. Interpretative communications of AVMS only a partial fix

VIII. Principles identified by the ACT

IX. But how to do it?


Data Protection for Convergent Media

I. The short path from “media museum” to the networked multimedia world

1. Content integration

2. Globalisation of content providers

3. A new currency for new services

II. Data protection concerns everyone

1. What companies must learn

2. What users must learn

3. What legislators must learn

III. The underestimated problem of “big data”

IV. Possible solutions

1. Legislative provisions

2. Cross-border self-regulation

3. Global dialogue

4. Multi-level stamp of quality


New Forms of Commercial Communications and Data Protection Law

I. New forms of commercial communications

II. The right to privacy and the right to the protection of personal data

III. Data protection law and new forms of commercial communications in a converged audiovisual sector

1. Data protection principles

2. Material scope of data protection law

3. Territorial scope of data protection law

4. Legal basis for personal data processing

5. The e-Privacy Directive and consent for tracking technologies

IV. Proposals for a Data Protection Regulation

V. Conclusion


A Future Policy Framework for Convergence: New Wine into New Bottles

I. Introduction

II. What should a future policy framework look like?

1. To clearly distinguish between “networks” and “services” and match regulatory objectives to the appropriate area

2. To avoid the reflexive or inappropriate extension of existing regulations to new contexts

2.1. Audiovisual Media Services (AVMS)

2.2. The Audiovisual Media Services Directive (AVMS Directive)

3. To create a favourable climate for investment in both network infrastructure and services and to encourage the deployment of innovative, lower-cost network solutions

4. To ensure regulators and regulatory processes are able to keep up with the rapid pace of technical and industry change

5. To pursue targeted solutions in areas that lack infrastructure because of market failure

6. To rethink and define public policy objectives anew with regard to services of societal relevance

III. Conclusion: new wine deserves new bottles


Convergence and Divergence: How Self-Regulation and Statutory Regimes Interact in the UK

I. The regulatory landscape in the UK

II. Common standards across media

III. Changing media, enduring standards

IV. The interaction of self-regulation and statutory measures

V. Conclusion

Online Services

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