EU Commission Launches Public Consultation on Audiovisual Media Services
The EU Commission has launched a public consultation on the current Audiovisual Media Services Directive (AVMSD). The Commission is seeking public feedback from stakeholders ahead of a full review of the Directive that will take place in 2016. The Commision‘s aims to bring the audiovisual media framework in line with the “digital age” are part of the Digital Single Market strategy.
National regulators, broadcasters, producers, content providers and telecom service providers but also consumers are invited to answer a number of questions or contribute own ideas. Stakeholders are asked to comment on the existing framework and the role of market players and make suggestions on potential improvements that can be made.
In order to assess potential policy options the consultation focuses on the scope of application of the upcoming legislation. The current AVMSD applies only to providers established in the EU. The Commission is now considering extending the geographical scope of the Directive to non-EU video on-demand service providers that target internet users in the EU. Also the material scope of application will be reviewed.
So far the AVSMD applies only to television broadcasters and on-demand services that are TV like and subject to editorial responsibility. Content hosted by online video-sharing platforms and intermediaries is regulated by the E-Commerce Directive. Moreover the current system of “graduated regulation” distinguishes between broadcasting services and on-demand services. This means that a core set of rules concerning for example consumer protection, product placement and sponsorship applies to all services. But apart from these rules broadcasting services are subject to stricter regulation than on-demand services. In the light of Media convergence the Commission now wants to assess whether these regulations are still relevant, effective and fair and whether they are ensuring effective consumer protection. The consultation is open until 30 September 2015.
Further information on the consultation can be found here.
Any questions? Please contact: Dr. Tobias Frevert or Pascal Schumacher
Practice Group: Telecommunications; Media, Sports & Entertainment
Further reading: CJEU: judgement about direct broadcast of a sporting fixture on an internet site