Audio-visual Media Services Directive (AVMSD) (AVMSD)
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Summary
The Audiovisual Media Services Directive (AVMSD) sets EU-wide rules for audiovisual media services, covering both traditional television broadcasting and on-demand audiovisual services, and (since its 2018 revision) certain video-sharing platform services. It aims to ensure a level playing field in the internal market while protecting minors, combating hate speech and certain illegal content, and setting standards for commercial communications. It also promotes European works through content quotas and prominence obligations for on-demand services.
Who is affected?
It affects broadcasters (linear TV), providers of on-demand audiovisual media services, and video-sharing platform providers operating in the EU, including those established in one Member State but targeting audiences in others. It also impacts advertisers and content providers through rules on commercial communications and content standards.
Scope
Applies to EU audiovisual media services (linear and on-demand) and, for specific obligations, video-sharing platform services, primarily under the country-of-origin principle with defined derogations.
Key Points
- Country-of-origin principle for audiovisual media services, with cooperation mechanisms and limited derogations for receiving Member States.
- Minimum harmonisation rules on protection of minors and the public (including measures addressing incitement to violence or hatred and certain illegal content).
- Rules on audiovisual commercial communications (e.g., recognisability, restrictions for certain products, and sponsorship/product placement conditions).
- Promotion of European works: quotas and prominence obligations for on-demand services (including a minimum share of European works in catalogues).
- Specific obligations for video-sharing platform services to take appropriate measures to protect minors and the general public from harmful/illegal content and to ensure certain advertising standards.
Key Deadlines
- — Deadline for Member States to transpose Directive (EU) 2018/1808 amending the AVMSD
Frequently Asked Questions
Who must comply with the AVMSD?
Broadcasters (linear TV), providers of on-demand audiovisual media services, and video-sharing platform providers operating in the EU must comply with the AVMSD. This includes entities established in one Member State but targeting audiences in other Member States.
What types of services fall under the scope of the AVMSD?
The AVMSD applies to traditional television broadcasting, on-demand audiovisual media services, and, since its 2018 revision, certain video-sharing platform services. The scope covers both linear and non-linear audiovisual content provided to the public.
What is the country-of-origin principle under the AVMSD?
The country-of-origin principle means that audiovisual media services are primarily regulated by the Member State where the provider is established, even if the service is received in other Member States. There are limited derogations allowing receiving Member States to impose stricter rules in specific circumstances.
What are the key obligations regarding the protection of minors?
Providers must implement measures to protect minors from content that may impair their physical, mental, or moral development. This includes restricting access to harmful content and ensuring appropriate parental controls and age verification where necessary.
How does the AVMSD address hate speech and illegal content?
The AVMSD requires providers to take appropriate measures to prevent the incitement to violence or hatred and to address certain illegal content. This applies to both media service providers and video-sharing platforms, with obligations to remove or restrict access to such content.
What are the rules on audiovisual commercial communications?
The AVMSD sets standards for commercial communications, including requirements for recognisability, restrictions on advertising certain products (like tobacco and alcohol), and rules for sponsorship and product placement. These rules aim to protect consumers and ensure transparency.
How does the AVMSD promote European works?
On-demand service providers must ensure a minimum share of European works in their catalogues and give prominence to such works. Linear broadcasters are also subject to quotas for European content, supporting the EU's cultural objectives.
What are the penalties for non-compliance with the AVMSD?
Penalties for non-compliance are determined by each Member State and can include fines, suspension of services, or other administrative measures. Enforcement is carried out by national regulatory authorities.
How does the AVMSD interact with other EU regulations?
The AVMSD operates alongside other EU instruments, such as the e-Commerce Directive and the General Data Protection Regulation (GDPR). Where overlaps exist, the AVMSD’s sector-specific rules take precedence for audiovisual content.
What practical steps should providers take to ensure compliance?
Providers should review their content and advertising practices, implement effective age verification and parental controls, ensure the prominence of European works, and establish procedures for handling harmful or illegal content. Regular engagement with national regulators is also recommended.
Key Terms
- Audiovisual Media Service
- A service providing television broadcasting or on-demand audiovisual content to the public, including both linear and non-linear formats.
- Video-Sharing Platform Service
- A platform that stores and disseminates user-generated videos to the public, where the provider does not have editorial responsibility but determines the organisation of the content.
- Country-of-Origin Principle
- A rule stating that media service providers are regulated by the laws of the Member State where they are established, even if their services are received in other Member States.
- European Works
- Audiovisual content originating from EU Member States or countries with equivalent agreements, subject to quotas and prominence obligations under the AVMSD.
- Linear Service
- A traditional scheduled television broadcasting service where viewers watch content at the time it is broadcast.
- On-Demand Service
- A non-linear audiovisual media service allowing users to select and watch content at their chosen time, such as streaming platforms.
- Audiovisual Commercial Communication
- Any form of advertising, sponsorship, or product placement in audiovisual media services, subject to specific transparency and content rules.
- Parental Control
- Technical or procedural measures implemented by service providers to restrict minors' access to harmful content.
- Prominence Obligation
- A requirement for on-demand services to ensure that European works are easily discoverable and given visibility within their catalogues.
- National Regulatory Authority
- A public body designated by each Member State to oversee and enforce compliance with the AVMSD within its jurisdiction.