Walking a Thin Line: The Regulation of EPGs

• Author: Bart van der Sloot
• Position: LLM, MPhil), researcher at the Institute for Information Law, University of Amsterdam
• Pages: 138-147

2012

Bart van der Sloot

138

2

Abstract: The digitisation of television broad-

casting has facilitated an exponential growth both in

the number and the diversity of programs and chan-

nels. Electronic Programme Guides (EPGs) help con-

sumers find their way in this abundance of offerings.

EPGs serve as a classical listing magazine or broad-

casting guide with extensive information on televi-

sion programs; like VCRs, they enable the recording

of programs; as search engines, they allow users to

look for content on the basis of a keyword; and finally,

EPGs list the most favoured programs on the first

page, either on the basis of popularity, the personal

profile of the consumer or on the basis of agreements

with particular broadcasting agencies. This article as-

sesses how various European countries approach

the regulation of EPGs and determines whether and

how they try to reaffirm guarantees for diversity and

pluralism in the digital television environment.

Walking a Thin Line: The Regulation of EPGs

by Bart van der Sloot

(LLM, MPhil), researcher at the Institute for Information Law, University of Amsterdam.*

© 2012 Bart van der Sloot

Everybody may disseminate this ar ticle by electroni c means and make it available for downlo ad under the terms and

conditions of the Digita l Peer Publishing Licence (DPPL). A copy of the license text may be obtaine d at http://nbn-resolving.

de/urn:nbn:de:0009-dppl-v3-en8 .

Recommended citation: Ba rt van der Sloot, Walking a Thin Line: The Re gulation of EPGs, 3 (2012) JIPITEC 138, para. 1.

Keywords: Electronic Programme Guide, EPG, regulation, Access Directive, due prominence, media law, compe-

tition law, consumer law, neutrality, diversity.

A. Introduction

1

Traditionally, governments have been involved in

regulating the media to promote quality and diver-

sity in television programming, among other rea-

sons. To this end, national regulating authorities

have introduced rules to divide the scarce televi-

sion capacity equally among the different groups in

society, sometimes granting a preferred position to

certain minorities in society such as religious mi-

norities or groups with a minority language. This

ensured that each group of any size had a chance to

express its vision to and on society, and that other

communities were able to take notice of differing

viewpoints and ideologies. The rationale behind gov-

ernment interference was initially the equal division

of the scarce transmission capacity; later it was the

fear that commercial broadcasters would focus only

on larger, well-off groups in society and not on com-

mercially unattractive groups and minorities.

2 The question is whether this logic is still valid in the

era of digital television, in which a digital television

package easily consists of over 100 channels, some of

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haps related to sports, eroticism or movies – or focus

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or ethnic background. The television landscape is

thus characterized by abundance rather than scar-

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the consumer to determine which program to watch.

EPGs help to tackle this problem. This has spurred a

discussion on the question of whether governments

still have a facilitating or regulating role to play in

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guaranteed in the digital environment.

3

EPG regulation focusses on three issues. First, the

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will attract more viewers than those on the second

or third page. Some national regulators have imple-

mented ‘due prominence’ rules, which require EPG

providers to give public broadcasters or other se-