91999E0080

WRITTEN QUESTION E-0080/99

by Susan Waddington (PSE) to the Commission

(27 January 1999)

Subject: Regulation of adult entertainment telephone services

It has been brought to my attention that premium-rate adult telephone services subject to regulation in the United Kingdom are being advertised by satellite television companies on unencrypted broadcasts that can be received in the UK and other Member States. As a direct result of these advertisements, some telephone account holders are receiving irregularly high telephone bills, usually because family members have been calling the aforementioned services without the account holder's knowledge or permission. Subsequently, when account holders cannot pay what are often substantial demands because of the number of premium-rate international calls made, their telephone services is withdrawn.

Is the unencrypted advertisement of such services across borders legal? If so, would the Commission consider bringing forward proposals to regulate such advertisements across the single market so as to ensure they reach only the adult audience for which they are intended?

Answer given by Mr Oreja on behalf of the Commission

(20 April 1999)

The television without frontiers Directive (Council Directive 89/552/EEC as amended by Directive 97/36/EC of the Parliament and of the Council of 30 June 1997 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(1)) provides the legal framework for television broadcasting within the Community.

The Commission is aware of the possible effects that pornographic material may have on minors. As regards the distribution by television of audiovisual material, the Directive establishes a common minimum standard for the protection of minors (Article 22).

As far as the prohibition of the production, distribution and possession of this material is concerned, Member States remain free, under the EC Treaty rules on free movement on goods and services, to apply internal legislation on grounds, where appropriate according respectively to Articles 36 and 56, of public morality, public policy or public health, as long as such prohibitions do not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

Measures at Community level could only be considered if the establishment and functioning of the internal market called for the approximation of the provisions currently applied by the Member States in this field. The Commission is not aware of any circumstances calling for such action but would be interested in any further information that could be supplied.

(1) OJ L 202, 30.7.1997.