Revisions of the Audiovisual Media Services Directive by the EU Commission
The EU Commission proposed on 25 May 2016 to update the Audiovisual Media Services Directive, adopted in 2010, which coordinates certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services. The main purpose of the Directive is to ensure a better promotion of EU film production, a fair market rules for all players, as well as to enhance the protection of children from harmful content and hate-speech.
Since the presentation of the Digital Single Market Strategy of Juncker’s Commission, the audiovisual sector has been a challenge because of the possible negative effect of the video on-demand for the EU film industry. People are moving from traditional TV to on-line content more than ever. In the same time the regulatory requirements are more severe for the traditional TV players. In this context the Directive will provide them with more flexibility and won’t justify anymore restrictions only applicable for TV. The main goal of this revision is to achieve a balance between competitiveness and guarantee more efficient protection for the on-demand consumers.
One of the key proposals for the amended AVMSD is about the Country of origin principle. This principle is the main pillar of the AVMSD. The rules which determine the country of origin will be maintained but simplified. The Member States will have to update constantly the database of providers under their jurisdiction in order to ensure a better transparency. The cooperation between the EU countries will be enhanced as well.
Another important point will concern the commercial communications. Brodacaster will have more flexibility regarding the advertising time, but they will be obliged to reinforce the rules of protection of the most vulnerable. This concerns the ads for alcohol, unhealthy food etc.
The proposed modifications will enhance the promotion of European works. TV broadcasters will have to continue dedicate at least half of their screen-time to European works. The on-demand providers will have to ensure a minimum 20% share for European content in their catalogues.
The proposal will garantee as well the prohibition of hate speech. The incitement to violence and hatred based on sex, race, colour, religion etc., will be prohibited on the same grounds as these of the Framework Decision on combating certain forms and expressions of racism and xenophobia.
The protection of minor has become a main goal of EU coordination. The Commission invites all video-sharing platforms to work with the Alliance to better protect minors online. Everything “harmful” must be restricted in all categories of their catalogues and services. For more dangerous contents there will be strict measures of protection like PIN codes or encryption. The providers will have to present detailed information and description for content defined as harmful. It can be added here that the video-sharing platforms will be included in the scope of the AVMSD only when it comes to combat hate speech and dissemination of harmful content to minors.
Finally, the Directive will assure a stronger role for the European audiovisual regulators as well as independence insuring that they are legally distinct and functionally independent from the industry and government. Also, more important role will be given to ERGA (European Regulators Group for Audiovisual Media Services).
Etudiante en Master 2 Droit de l’économie numérique et titulaire d’un Master Droit international et droit de l’Union européenne, je suis inspirée par l’évolution des NTIC et leurs problématiques juridiques. J’ai un vif intérêt pour le droit de la propriété intellectuelle appliqué aux nouvelles technologies