The Swedish Broadcasting Authority 11th October 2012

Baltic meeting in Riga

The Swedish Broadcasting Authority

• Issues licenses to broadcast radio and TV to all but Public Service

• Supervises that ‘non-content’ regulation and conditions are followed by the license holders

• Is led by a director-general, appointed by the government

• 25 employees, three sections• A broadcasting commission within the authority

supervises content

OrganizationThe Swedish Broadcasting Commission

Director General

Supervision

Licensin

gSupport

Advisory Council

The Swedish Broadcasting Authority

Our goal is to promote a media landscape that is:• Open • Diverse• Responsible

The Swedish Radio and Televison Act

• Requires licenses only if there is a scarcity of capacity (terrestrial TV and radio)• Shall comply with applicable rules of content• May include different conditions

• Broadcasting through other platforms (satellite, cable, ip) does not require licenses but shall be registered at the Swedish Broadcasting Authority.

• Shall comply with applicable rules of content in the act.• A decision to register does not include any conditions.

The Swedish Radio and Television Act What is registered?

• Name of the media service provider• Contact information• What type of broadcast• Where the broadcast is directed• A channel name/designation• Date of registration

What are the legal implications of a decision to register a broadcast?

• The Swedish Broadcasting Authority has found that the broadcast is within its jurisdiction.

• The media service provider shall comply with applicable rules of content.

• The Swedish Broadcasting Authority has the responsibility to supervise the broadcast.

Registration process of Rossija RTR

• Why jurisdiction?• The service provider, NCP RUSMEDIACOM is

established outside the EEA-area (Moscow).• A Satellite up-link in Sweden is used (which is certified

by the operators).• Rossija RTR is a special version of RTR Planeta.• The editorial content shall be the same to all Baltic

countries - except that local advertisement may be inserted. • One media service was registered at our Authority.• The decision is based on information from the service

provider.

OrganizationThe Swedish Broadcasting Commission

Director General

Supervision

Licensin

gSupport

Advisory Council

SwedisDepartment of supervisionh Broadcasting Commission?

• Review the content of the broadcasts - Handles complaints to the broadcasting commission, i.e. watches or listens to the programme and oversees its compliance with the rules. - Only review of programs that are already broadcast.

• Other supervision - All supervision that is not related to the content of the broadcasting

The Swedish Broadcasting Commission

The Swedish Broadcasting Commission

• An independent broadcasting commission within the authority that supervises content.

Swedish Broadcasting Commission (SBC)

• Consists of commissioners appointed by the government

• The chairman and the vice-chairmen are judges with high judicial offices. Other members have broad experience in the social, cultural and media fields

The starting point for the review

• Complain from the public

• Initiative of the SBC

Complaints

• About 2 000 complaints per year (tv and radio)

• For efficiency reasons, the Commission do not review all the programs that have received complaints.

• Complaints are regarded as tips / ideas and the Commission prioritize the complaints that is likely to contribute to efficient control and a good compliance with the Broadcasting Act.

Content rules

Content rules

• Provisions in the Radio and Television act-based on the AVMS-directive

• Terms and conditions in the licences for terrestrial broadcasts

Different rules for different types of broadcasting

• Public service broadcasters

• Commercial radio and TV

• Community radio and TV

Public service and DTT - rules

• Public service have stricter rules in their broadcasting permits, e.g. ban of advertising, privacy, rules on accuracy and impartiality, protection of minors

• Commercial digital terrestrial broadcast have fewer stricter rules in their broadcasting permits, e.g. accuracy, protection of minors and privacy but no rules of impartibility

• - however the broadcasting companies with at jurisdiction in other European countries don´t have these conditions since Swedish law is not applicable to those broadcasts.

The Radio and Television Act- implements the AVMS-directive

A media service provider shall ensure that the overall media services reflect the fundamental concepts of a democratic society, the principle that all persons are of equal value, and the freedom and dignity of the individual.

The Radio and Television Act- implements the AVMS-directive

Information in a television program or in Teletext, which is not commercial advertising and which is transmitted by means other than cable shall be corrected when this is justified.

The Radio and Television Act- implements the AVMS-directive

Information in a television program or in Teletext, which is not commercial advertising and which is transmitted by means other than cable shall be corrected when this is justified.

The Radio and Television Act- implements the AVMS-directiveUnless there are special reasons to the contrary, a natural or legal person that broadcasts television other than through cable shall ensure that the following requirements are satisfied:1. More than half the annual transmission time shall be reserved for European works;2. At least ten per cent of the annual broadcasting time or at least ten per cent of the programming budget will be used for European works created by producers who are independent of broadcasters. The proportion of programs produced during the preceding five years should be as high as possible.Television broadcasts in accordance with the first paragraph, unless there are special reasons tothe contrary, are to contain a considerable proportion of programmes in the Swedish language, programs with Swedish artists active in Sweden, and works by Swedish authors active in Sweden.

The Radio and Television Act- implements the AVMS-directive

A channel name which has been approved by the Broadcasting Authority must be displayed at least once per broadcasting hour, or, if this is not possible, between the programs.

The Radio and Television Act- implements the AVMS-directive

• The Radio and Television Act contains rules regarding

Advertising Product placement Sponsorship Undue prominence

The Radio and Television Act- stricter rules than the AVMS-directive

• Stricter rules in Sweden

Programs primarily aimed at children below 12 years of age may not be interrupted or surrounded by advertising. Nor may these programs contain product placement.

The Radio and Television Act- stricter rules than the AVMS-directive

• Stricter rules in Sweden

Marketing of alcoholic beverages to consumers is not allowed in television programs. Programs in television broadcast may not be sponsored by any party whose principal activity is the manufacture or sale of alcoholic beverages or tobacco products.

The Radio and Television Act- implements the AVMS-directive

Violence and pornographic content • Programs containing portrayals of violence of a realistic

nature or pornographic images which are broadcast on television must either be preceded by a verbal warning or contain a warning text continuously displayed on the screen throughout the broadcast.

• Such programs may not be broadcast at times and in a manner that would create a considerable risk of children viewing the programs unless the broadcast is nevertheless defensible on special grounds. Watershed is at 21:00.

The Radio and Television Act- implements the AVMS-directive

Sanctions• Breaches against rules regarding advertising,

sponsorship and product placement can be sanctioned by fees. The fee is decided by the courts system.

• Breaches against other rules may result in orders to follow the rules. An order may be subject to a conditional fine.

Media use in Sweden

• Time spent on media per day: 6 hours or 367 min.• Top three: Internet 95 min, TV 95 min and radio 81 min.• Web TV: 5 min.• TV access: 98%• Radio access: 99%• Broadband access: 85% • Daily users of Internet: 69% • Smart phone access: 36% • Ipad access: 7% Source: Nordicom-Sverige