EU Audiovisual Media Services Directive

The AVMS Directive: Legal Framework and Scope

Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (the Audiovisual Media Services Directive or AVMSD) constitutes the cornerstone of EU audiovisual regulation. The Directive, codifying and replacing the Television without Frontiers Directive (89/552/EEC), establishes a harmonised legal framework for audiovisual media services across the European Union, balancing fundamental principles of free movement of services with public interest objectives including the protection of minors, the promotion of cultural diversity, and media pluralism.

The scope of the AVMSD extends to television broadcasting (linear services) and on-demand audiovisual media services (non-linear services), including catch-up TV, video-on-demand, and streaming platforms. Services are defined as “audiovisual media services” where their principal purpose is the provision of programmes to the general public for information, entertainment, or education. The Directive does not cover private websites, user-generated content not uploaded by the service provider, electronic versions of newspapers and magazines, or gambling services involving a stake of monetary value. The AVMSD was substantially revised by Directive (EU) 2018/1808 (the revised AVMSD), which extended its scope to video-sharing platforms and introduced enhanced provisions on content regulation, media literacy, and the independence of national regulatory authorities.

The Country of Origin Principle

The country of origin principle, codified in Article 2 of the AVMSD, provides that each audiovisual media service is subject to the jurisdiction of the Member State in which the service provider is established. A service provider is considered established in the Member State where it has its head office and where the editorial decisions about the audiovisual media service are taken. The principle ensures that a service provider need comply only with the rules of its home Member State, and that other Member States may not restrict the reception or retransmission of services originating from another Member State for reasons falling within the coordinated field of the Directive.

The country of origin principle is subject to limited exceptions. Under Article 3, a Member State may derogate from the principle where a service from another Member State manifestly, seriously, and gravely infringes provisions on the protection of minors or incitement to hatred, and where the originating Member State has failed to take adequate enforcement action. The derogation procedure requires prior notification to the Commission and the originating Member State and is subject to Commission review. The revised AVMSD strengthened the enforcement mechanism by introducing a structured cooperation procedure between Member States and conferring on the Commission the power to intervene where systemic issues arise.

Regulation of Video-Sharing Platforms

The revised AVMSD extended the regulatory framework to video-sharing platforms (VSPs), defined as services whose principal purpose or an essential functionality of which is the provision of programmes or user-generated videos to the general public for which the platform provider does not have editorial responsibility. The extension of scope reflects the growing importance of platforms such as YouTube, TikTok, and Twitch in the distribution of audiovisual content and the need to ensure consistent regulatory standards across the audiovisual sector.

VSP providers must take appropriate measures to protect minors from content that may impair their physical, mental, or moral development, and to protect all users from content containing incitement to hatred or violence and content constituting criminal offences under EU law. The Directive does not prescribe specific technical measures but requires providers to implement the least restrictive options consistent with the protection objectives, including age verification systems, content rating mechanisms, parental control systems, and reporting and flagging mechanisms. VSP providers must establish transparent, user-friendly procedures for handling complaints and must include information about the measures in their terms and conditions.

Media Literacy and the Digital Ecosystem

Article 33a of the revised AVMSD requires Member States to promote and take measures for the development of media literacy skills among citizens of all ages, for all media, and to report on the implementation of such measures to the Commission. Media literacy is defined as the skills, knowledge, and understanding that enable citizens to use media effectively and safely, including the ability to access, analyse, and evaluate media content, to understand the media landscape, and to make informed decisions about media consumption.

The Commission is required to report on the effectiveness of Member State media literacy measures and to publish guidelines on the scope of media literacy and the methods for evaluating its effectiveness. The Media Literacy Guidelines, adopted by the Commission in 2020, identify best practices including the integration of media literacy into school curricula, the training of teachers and educators, the development of digital citizenship programmes, and the promotion of public awareness campaigns. The Commission also supports media literacy through the Creative Europe MEDIA programme and through the European Digital Media Observatory, which addresses disinformation and information manipulation.

Commercial Communications and Advertising Standards

The AVMSD establishes detailed rules for audiovisual commercial communications, including television advertising, teleshopping, sponsorship, and product placement. The rules are designed to protect consumers, particularly minors, and to ensure that commercial communications are clearly identifiable and distinguishable from editorial content. A general prohibition applies to commercial communications that prejudice respect for human dignity, that include discrimination on grounds of sex, racial or ethnic origin, nationality, religion or belief, disability, age, or sexual orientation, or that encourage behaviour prejudicial to health, safety, or the environment.

Advertising for alcoholic beverages must not be aimed specifically at minors or encourage immoderate consumption. Advertising for medicinal products available only on prescription is prohibited. Product placement is permitted in cinematographic works, films and series made for audiovisual media services, sports programmes, and light entertainment programmes, subject to conditions including that the placement does not influence the editorial independence of the service provider and that viewers are clearly informed of the existence of product placement through neutral labelling at the beginning and end of the programme.

Prominence Rules and Discoverability

The revised AVMSD introduced prominence requirements for content of general interest, reflecting concerns about the discoverability of audiovisual media services of public value in an increasingly crowded media environment. Member States are required to take measures to ensure that audiovisual media services of general interest are appropriately prominent on electronic programme guides and similar user interfaces. The measures must be proportionate, transparent, and non-discriminatory.

The prominence rules are complemented by provisions on the discoverability of European works on video-sharing platforms and on-demand services. Member States must ensure that on-demand services comply with the obligation to promote European works, and that video-sharing platform providers give appropriate prominence to European works in their catalogues. The Commission has issued guidelines on the calculation of the share of European works and the definition of low audience and low turnover as criteria for exemption from the European works quota obligations.

European Works and Cultural Diversity

The promotion of European works is a central objective of the AVMSD. On-demand service providers must ensure that European works constitute at least 30 per cent of their catalogues and must ensure the prominence of such works. The quota requirement is subject to the principle that it should be achieved proportionately and should not impose disproportionate burdens on service providers with low turnover or low audience share. Member States may provide for exemptions for micro-enterprises and for services with low turnover or low audience.

Broadcasters must reserve a majority proportion of their transmission time for European works, excluding time allocated to news, sports events, games, advertising, teletext, and teleshopping. The European works obligation is supported by provisions on the independent production of European works by producers who are independent of broadcasters. Member States must ensure that broadcasters reserve at least 10 per cent of their transmission time or programme budget for European works created by independent producers.

Conclusion

The AVMS Directive establishes a comprehensive regulatory framework for audiovisual media services in the European Union, balancing the free movement of services with fundamental public interest objectives. The revision to include video-sharing platforms reflects the evolution of the audiovisual landscape and the growing importance of digital platforms in the distribution of audiovisual content. The Directive’s provisions on commercial communications, media literacy, and European works continue to shape the European audiovisual sector.