International Standards

The International Telecommunication Union (ITU) is the United Nations’ specialised agency for information and communication technologies. They allocate global radio spectrum and satellite orbits and develop the technical standards that ensure communication networks and technologies seamlessly interconnect. They have developed rules on how the spectrum needed to transmit TV and radio should be used, as well as international standards on how communication equipment interact (along with other International standards bodies).

WorldDAB, the global industry forum for digital radio, facilitating the adoption and implementation of broadcast digital radio based on DAB / DAB+ (Digital Audio Broadcasting) have developed the digital radio standards of choice for broadcasters across Europe, Asia Pacific and other regions.

There are also technical standards for the production and distribution of TV which are overseen by European groups such as the Digital Video Broadcasting Group (which oversees the base technical standards used on all TV platforms) and whose standards are approved by recognition bodies such as the European
Telecommunications Standards Institute (ETSI) which are recognised by the EU. (Both these radio and TV standards feed into EU standards and show up in theFramework Directive, which is also being reviewed as part of the Digital Single Market strategy). Other standards bodies are managed by international bodies that are independent of our EU status and are usually industry led.

Finally, the European Broadcasting Union (EBU)63 is an allegiance facilitating collaboration of public service media services in 56 countries in Europe (and an additional 34 associates in Asia, Africa and the Americas) to promote public service broadcasting. The BBC currently chairs the Radio Group.

Existing frameworks for how trade is facilitated between countries in this sector

The arrangements described in this section are examples of existing arrangements between countries. They should not be taken to represent the options being considered by the Government for the future economic relationship between the UK and the EU. The Government has been clear that it is seeking pragmatic and innovative solutions to issues related to the future deep and special partnership that we want with the EU.

Broadcasting is a highly regulated sector. As set out in the section above, in the EU audio-visual services are subject to the Audiovisual Media Services Directive (AVMSD). In relation to third countries, the EU maintains a principle of  cultural exception’, justified on the grounds that cultural goods and services should be treated differently to commercial goods and services in trade with third countries, because of the importance of preserving cultural diversity. The UK’s regulatory regime, which is underpinned by AVMSD, provide safeguards and protections to citizens and consumers, through advertising standards, and the Ofcom broadcasting code which includes requirements on accuracy and fairness or preventing incitement to hatred.

The EU excludes AV services from its trade agreements, starting in the WTO General Agreement on Trade in Services (GATS)65, both by carving the sector out from its schedule of commitments and by maintaining a series of Most Favoured Nation (MFN) exemptions. All WTO Members are parties to GATS which sets out a framework for trade in services including general rules, principles and obligations, which the parties must abide by, and a schedule of commitments in which each party sets out how open and non-discriminatory it intends to be across the service sectors covered.

The EU has no precedent for including trade commitments on cross-border broadcasting with third countries, however it has pursued cooperative measures as part of a range of its trade agreements The Deep and Comprehensive Free Trade Agreement between Ukraine and the EU68 provides that cooperation on broadcasting and audio-visual services should lead to a gradual alignment with the EU acquis. The EU Korean agreement includes a Protocol on Cultural Co-operation, which includes limited provisions on audiovisual works, as does the CARIFORUM-EU Economic Partnership Agreement69. Both cultural cooperation agreements include commitments to recognise joint productions as counting towards the respective

There are some limited precedents for extending the AVMSD definition of European Works to include non-European countries (see section 2.5). For example, the EU-Korea Protocol on Cultural Co-operation includes provision for some Korean- EU coproductions to count as European Works. This was included as to foster the circulation of audiovisual works for the mutual benefit of the EU and Korea 70, and in recognition of Korea’s domestic policies on cultural diversity and measures to promote local content in Korea.

The UK has a series of bilateral audio-visual co-production agreements with non-EU countries including China, Brazil and South Africa. These secure various benefits for qualifying films and television programmes produced jointly by co-producers based in the UK and other countries. Such benefits include access to shooting locations, visa free entry for personnel and tax benefits subject to adherence to certain criteria.