ABSTRACT

This chapter begins by situating Articles 46 in the general context of the Television without Frontiers Directive and explaining how the objective of promoting European works took hold during the drafting process of the original Directive. It traces the development of Articles 46 through the amendment of the Directive in 1997 up to the current proposals for the renaming and revamping of the Directive as the Audiovisual Media Services Directive (AVMS). The chapter examines the precise content and scope of the Articles before assessing their application by European Union (EU) member states and their actual impact on the European audiovisual industry. Articles 4 and 5 of the Television without Frontiers Directive establish a quota system for European, independent European and new, independent European works. The foregoing discussion has demonstrated the complexity, not only of the Television without Frontiers Directive edifice, but of the architectural principles employed in its construction.