The European Union is undertaking a review of the 2010
Audio-Visual Media Services Directive (AVMSD). A consultation
questionnaire has been published, for which responses are requested
by 30 September 2015 when the public consultation closes.
One of the interesting issues addressed in the consultation
questionnaire is the "Country of Origin" principle. The
AVMSD covers television broadcasts and on-demand services which are
TV-like and for which providers have editorial responsibility (it
does not apply to content hosted by intermediaries or
content-sharing platforms). Under the AVMSD (and the Television
Without Frontiers Directive which preceded it), the general
approach is that a minimum set of regulatory requirements are to be
implemented in each EU Member State in relation to television and
on-demand services that fall within that Member State's
jurisdiction.
The principle is that provided a service is licensed in a Member
State (which by definition means that it will have met the minimum
criteria collectively set by the EU on behalf of all the Member
States), then that service is licensed to be made available
throughout the European Union. Each Member State is free to impose
more strict regulatory requirements, but a Member State should not
interfere with a service property licensed in another Member State
even though it may not meet the more stringent requirements.
Below we review some of the issues that need to be considered in
the context of reviewing how the Country of Origin principle has
operated in practice and may operate in the context of any modified
AVMSD.
Please click here to download the full report.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
