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EUROPEAN BROAD CASTING LAW AND POLICY Part 8

Tham khảo tài liệu 'european broad casting law and policy part 8', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 252 jackie harrison and lorna woods the recitals especially Recital 25 a specific acknowledgment that member states retain the competence to maintain an active policy in favour of a specific language .23 Language policy is also linked to the term independent producers in the Amending Directive.24 None the less it might be harder for a non-national broadcaster or production company to satisfy such a requirement especially where that broadcaster is not established in the same language area. This constitutes indirect discrimination contrary to Article 49 EC.25 It could be argued that programming that is not broadcast in the national regional language of the recipient viewing population is not going to be watched by many people and is therefore unlikely to remain commercially viable meaning that in practical terms such questions are unlikely to arise often. None the less language rules have the effect of reinforcing a preference for national programming. Although the extent to which such rules are permissible has been the subject of some debate 26 once again we see a tension between the stated need of creating a single broadcasting market and the desire to protect the cultural diversity of the member states. Secondly if the development of European culture requires pan-Union productions the possibility of national productions counting towards a broadcaster s European quota might undermine the development of European productions. Of course better understanding between the various member states might be achieved by the swapping of programming between them but this view overestimates the power of television and as we have seen is not required by the terms of the TWFD. National markets may instead be reinforced certainly they may remain segmented from one another within the Union.27 The Impact Study shows that audiences throughout the Union tend to have a preference for American products over European works originating from other member states. DSAD maintains the quota .