ABSTRACT
This chapter considers the issue of the subject matter of regulation that is the question of whether the Television without Frontiers Directive applies, before going on to consider the scope of that provision. It identifies the difficulties with the operation of the Television without Frontiers Directive in a changing broadcasting environment, its interrelationship with other directives, particularly the e-Commerce Directive. The chapter also identifies the extent to which the proposed amendments to the Television without Frontiers Directive via the Audiovisual Media Services (AVMS) Directive are likely to provide satisfactory solutions to these problems. In assessing the satisfactory nature or otherwise of the clause, the chapter particularly bears in mind those who might be expected to benefit from a regulatory regime, that is, the viewers. Questions of viewer protection also arise in relation to a discussion of the jurisdiction clause, which famously allows the dislocation of content from the regulatory culture of the viewer.
