NYHET | 22 jun 2016

Defining on-demand services under the scope of the AVMSD

What types of video-on-demand services falls under the scope of the Audiovisual Media Service Directive (AVMSD)? What differentiates those services from those covered by the E-Commerce Directive? A new report analyses the scope of the AVMSD, including the recent proposal for an update of the European legislation.

In this publication, the European Audiovisual Observatory aims to provide a guide to the latest debate on the material scope of the AVMSD for on-demand audiovisual services.

From market trends to national case law
After a market overview of the offer and consumption of on-demand services, the report moves on to explore the European framework of legislation, including both the history behind the adoption of the AVMSD and the current scope of services (see below).

Moreover, the report offers selected country analysis of how the AVMSD is transposed into national legislation and self- and co-regulatory measures, plus recent case law concerning the application of the directive in EU countries.

Seven criteria for an Audiovisual Media Service
In addition to linear TV channels, the current AVMSD applies to video-on-demand (VoD) services that are deemed to offer “TV-like” content. The report looks at the seven criteria for an on-demand service to qualify as an audiovisual media service – and thereby be included in the scope of AVMSD.

In comparison with the Commission’s proposal for an update, the criteria remain substantially unchanged, except the “TV-likeness”.

The regulation’s state of play
The closing chapter details the state of play regarding the scope of the AVMSD. Of significance is the European Commission’s recent proposal, which stipulates that the directive now cover video-sharing platforms, such as YouTube, newspapers online that make available video content, and short videos.

Social media platforms such as Facebook are not included, inasmuch as their principle purpose is not video sharing.

Download the free report (PDF)
About the European Commission's proposal 25/05/2016

About the European Audiovisual Observatory: This European public service body is comprised of 40 member states and the European Union, represented by the European Commission. It provides information on the various audiovisual markets in Europe and their financing, and analyses and reports on the legal issues affecting the different sectors of the audiovisual industry. Read more