Audiovisual Media Services Directive

Audiovisual Media Services Directive
Title	Audiovisual Media Services Directive
Directive	2010/13/EU
Made by	European Parliament, Council of the European Union
Made under	Treaty on the Functioning of the European Union
Date made	10 March 2010
Date applied	19 November 2009

Audiovisual Media Services Directive is a significant piece of European Union legislation that regulates audiovisual media services across the European Economic Area. The directive aims to promote the free movement of television programs and on-demand audiovisual media services while ensuring the protection of consumers, minors, and human dignity. It also seeks to promote European works, such as those produced in France, Germany, Italy, and the United Kingdom, and to support the development of European audiovisual production companies like Arte, BBC, and RAI. The directive is an essential component of the European Union's media policy, which is shaped by institutions like the European Commission, European Parliament, and the Council of the European Union.

Introduction

The Audiovisual Media Services Directive is built upon the principles of the Treaty on the Functioning of the European Union, which aims to establish a single market for audiovisual media services across the European Union. The directive recognizes the importance of freedom of expression and information, as enshrined in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. It also acknowledges the need to protect consumers and minors from harmful content, such as that which may be found in certain video games or television programs broadcast by MTV, CNN, or Al Jazeera. The directive is closely related to other European Union policies, including the Digital Single Market strategy, which aims to create a digital single market across the European Union, and the Creative Europe program, which supports the development of European culture and creative industries, including those in Berlin, Paris, and Rome.

History

The Audiovisual Media Services Directive has its roots in the Television Without Frontiers Directive, which was adopted in 1989 and aimed to promote the free movement of television programs across the European Union. The directive was amended in 1997 and 2007 to reflect changes in the audiovisual media landscape, including the growth of on-demand audiovisual media services and the increasing importance of internet-based services like YouTube, Netflix, and Amazon Prime Video. The current directive was adopted in 2010 and has been implemented by European Union member states, including Austria, Belgium, Bulgaria, and Croatia. The directive has been influenced by the work of various European Union institutions, including the European Commission, the European Parliament, and the Council of the European Union, as well as by international organizations like the Organisation for Economic Co-operation and Development and the United Nations Educational, Scientific and Cultural Organization.

Provisions

The Audiovisual Media Services Directive sets out a range of provisions aimed at promoting the free movement of audiovisual media services while protecting consumers and minors. These provisions include rules on content regulation, such as the protection of minors from harmful content and the promotion of European works, as well as rules on advertising and sponsorship. The directive also establishes a framework for the regulation of on-demand audiovisual media services, including those provided by Netflix, Amazon Prime Video, and Hulu. Additionally, the directive promotes the use of access services, such as subtitling and audio description, to improve access to audiovisual media services for people with disabilities, as advocated by organizations like the European Disability Forum and the World Blind Union. The directive is closely related to other European Union policies, including the General Data Protection Regulation and the Copyright Directive, which aim to protect personal data and intellectual property rights across the European Union.

Implementation

The Audiovisual Media Services Directive has been implemented by European Union member states, which are responsible for transposing the directive into national law. The implementation of the directive is monitored by the European Commission, which works closely with national regulatory authorities, such as the UK's Ofcom and France's CSA, to ensure that the directive is being applied consistently across the European Union. The directive has also been implemented by European Economic Area countries, including Iceland, Liechtenstein, and Norway, which are part of the European Single Market. The implementation of the directive has been influenced by the work of various European Union institutions, including the European Parliament, the Council of the European Union, and the European Court of Justice, as well as by international organizations like the World Trade Organization and the International Telecommunication Union.

Impact

The Audiovisual Media Services Directive has had a significant impact on the audiovisual media landscape in the European Union. The directive has promoted the free movement of audiovisual media services and has helped to create a single market for these services. The directive has also protected consumers and minors from harmful content and has promoted the development of European works, such as those produced by BBC Studios, ZDF, and Mediaset. The directive has also had an impact on the development of on-demand audiovisual media services, including those provided by Netflix, Amazon Prime Video, and Disney+. Additionally, the directive has influenced the development of audiovisual media policies in other regions, including North America, South America, and Asia, as well as the work of international organizations like the Asia-Pacific Economic Cooperation and the Association of Southeast Asian Nations.

Amendments

The Audiovisual Media Services Directive has undergone several amendments since its adoption in 2010. The most recent amendment was made in 2018, which aimed to update the directive to reflect changes in the audiovisual media landscape, including the growth of video-sharing platforms like YouTube and TikTok. The amendment also introduced new rules on content regulation, including the protection of minors from harmful content and the promotion of European works. The amendment was influenced by the work of various European Union institutions, including the European Commission, the European Parliament, and the Council of the European Union, as well as by international organizations like the United Nations and the Council of Europe. The directive continues to evolve to reflect changes in the audiovisual media landscape and to address new challenges, such as the promotion of media literacy and the protection of journalistic freedom, as advocated by organizations like the European Journalism Centre and the International Press Institute.

Category:European Union law