The aim of the AVMSD is to create a single market for audiovisual media services whilst ensuring a high level of protection of objectives of general interest. The AVMSD governs EU-wide coordination of national legislation in the following areas:
- General principles
- Incitement to hatred
- Accessibility for people with disabilities
- Principles of Jurisdiction
- Major Events
- Promotion and distribution of European works
- Commercial communications
- Protection of minors
The AVDMS is currently undergoing a revision process. Rapid evolution of the market, particularly due to “media convergence” between traditional broadcast services and the Internet required to start a process of revision of the AVMSD, which actually set out in July 2015. From July to September 2015, the European Commission organised a public consultation in the frame of the revision process of the AVMSD. The Evaluation and Impact Assessment of the EU Audiovisual Media Services is available here .
On 25 May 2016, a new legislative proposal amending the AVMSD has been adopted by the European Commission and will consequently be examined by the European Parliament and to the Council.
The proposal contains a few innovations:
- the Country of Origin principle (COO) is maintained and facilitated by simplifying the rules which determine the country having jurisdiction over a provider;
- Commercial Communications: the 20% limit remains on advertising time, but broadcasters are given more flexibility as to when ads can be shown;
- Promotion of European works: on-demand services will have to reserve 20% share of the audiovisual offer of their catalogues to European works;
- Prohibition of hate speech: AVMSD prohibition of hate speech will be aligned to those of the Framework Decision on combating certain forms and expressions of racism and xenophobia (Decision 2008/913/JHA ).
- Protection of minors will be reinforced and simplified;
- 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;
- Strengthened Independence of national Audio-visual regulators: the principle of independence of audiovisual regulators will be enshrined into EU law to ensure transparency and full autonomy from the industry and government;
- European Regulators Group for Audiovisual Media Services (ERGA): the group will be given a more substantial role in shaping and preserving the internal market.Tags: EU Member States European policies and legislation Media Law