Product Placement in European Audiovisual Productions

IRIS plus 2010-3, May 2010

Amsterdam Law School Research Paper No. 2012-03

Institute for Information Law Research Paper No. 2012-03

19 Pages Posted: 13 Jan 2012

Date Written: January 12, 2012

Abstract

In the branded new world we live in logos and the products and services they represent are familiar sights. Yet the reflection of this reality in audiovisual works cannot always be freely effected. The inclusion of or reference to branded goods and services in the programmes offered by audiovisual media services can of course constitute an independent, and thus unregulated, editorial decision on the part of the programme-maker; however, when such inclusions or references are commissioned by advertisers in exchange for consideration or with a view to promoting the product or service, legislative attention is attracted. With product placement in foreign productions already prominent on European airwaves, cultural perceptions shifting together with sophisticated modern audiences and alternative methods of retaining advertisers’ interest in audiovisual media services and of boosting net advertising revenues being sought, the regulation of product placement was introduced to the European regulatory framework with the 2007 Audiovisual Media Services (AVMS) Directive. The European Commission’s initial intention in approaching the question of product placement was full liberalization, with the objective of strengthening the position of the European audiovisual industry vis-à-vis its foreign counterparts. Nevertheless, this approach met with fierce opposition by member states and stakeholders. In the final Directive, a compromise was sought in a symbolic prohibition, set off by liberal exceptions introduced within a system of optional harmonization.

Why such a cautious approach? Despite its advantages, as we shall see below, the inclusion of product placement in audiovisual works goes against deeply ingrained European taboos against the picking and mixing of editorial and commercial content.

JEL Classification: K19

Suggested Citation

Angelopoulos, Christina, Product Placement in European Audiovisual Productions (January 12, 2012). IRIS plus 2010-3, May 2010, Amsterdam Law School Research Paper No. 2012-03, Institute for Information Law Research Paper No. 2012-03, Available at SSRN: https://ssrn.com/abstract=1983862

Christina Angelopoulos (Contact Author)

University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

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