EU’s revision of the AVMSD Directive completed

The Council adopted the revised Audiovisual Media Services Directive (AVMSD) on 6 November 2018. The European Parliament had already approved the update of Directive 2010/13/EU in October.

With the revision, the EU reacts to a shifted media landscape and the technological transformation. The revised regulations no longer only apply to traditional audiovisual media services; their scope now extends to online platforms disseminating audiovisual content. This includes video-on-demand and video-sharing platforms such as YouTube, Netflix and Facebook. In the future, these platforms will be subject to comparable standards as traditional broadcasters in certain areas. The EU legislators have thus adapted their approach to  the changes in the ways many Europeans use audiovisual media.

Better protection of minors

 

The revised Directive provides for better protection of minors. The new rules stipulate strict requirements for inappropriate advertisement and product placement in children programs on television and on platforms. Providers are obliged to take appropriate measures to protect children and young people from harmful content such as gratuitous violence or pornography.

The revised Directive provides for better protection of minors. The new rules stipulate strict requirements for inappropriate advertisement and product placement in children programs on television and on platforms. Providers are obliged to take appropriate measures to protect children and young people from harmful content such as gratuitous violence or pornography.

In addition, providers may not process the personal data of minors for commercial purposes. In particular, platforms may not engage in direct marketing, profiling and behaviorally targeted advertising.

Prohibition of incitement to violence or hatred and terrorist propaganda

With regards to audiovisual content, Member States have to reinforce the protection against incitement to violence and hatred and terrorist propaganda. Video-sharing platforms are also required to take appropriate measures under the new rules. The revised AVMSD Directive leaves the safe harbor provisions in the E-Commerce Directive intact and does not compel platforms to make use of upload filters. However, platform providers are obliged to establish efficient and transparent mechanisms that allow users to report offensive content, among other measures. In addition, the revised Directive explicitly leaves the decision to impose stricter requirements to the discretion of the Member States.

Promotion of European works

Another objective of the revised Directive is to facilitate the cultural diversity of audiovisual media in the EU. To this end, increased obligations are placed on video-on-demand platforms to promote and disseminate European works. Similar to traditional broadcasters, platforms such as Amazon Prime or Netflix now need to have at least a 30% share of European productions in their catalogue and to ensure the prominence of this content.

More flexibility in TV advertising

The new rules allow for greater flexibility with regards to the restrictions on television advertising. Instead of being granted twelve minutes of advertising per hour, broadcasters may now choose more freely when to distribute a total of 72 minutes of ads between 6 p.m. and midnight. Certain programs such as feature films may not be interrupted for intervals shorter than 30 minutes.

Transposition into national legislations and revision of the German broadcasting regulations

The Council's adoption last week marks the end of intense negotiations between the EU co-legislators, which have been ongoing since 2016. The EU Member States will have 21 months to transpose the Directive into national legislations. In Germany, the domestic broadcasting regulations are currently undergoing revision. It remains to be seen whether the requirements of the AVMSD Directive will be taken into account in the draft of the new Interstate Media Treaty.

Revised Directive 2010/13/EU can be found here: Revised Directive 2010/13/EU