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Regarding the audiovisual sector, this means that video-sharing platforms will be subject to the new rules, but not broadcasting or VOD services. Due to the volatility of a market facing convergence of media and important policy choices, for instance whether . The 'Netflix tax', as it has been labelled, is coming to Portugal and other countries. The UK's Audiovisual Media Services Regulations 2020, which transposed the revised AVMS directive, were made and laid in Parliament on 30 September 2020. BACKGROUND. It emerged as an amendment to the Cinema and Audiovisual Act, transposing the recast Audiovisual Media Services Directive (AMSD). Which regulatory tools apply to AVMS services with a potential gateway function on the market? Webinar: Towards Ambitious Transposition of Audiovisual Media Services Directive. It therefore aimed to introduce flexibility when . The Regulations implement the revised Audiovisual Media Services Directive (as contained in Directive (EU) 2018/1808) ("the Directive"). Since this deadline, the UK and the Netherlands have transposed the directive and the transposition process has moved forward in a number of other countries. The UK Audiovisual Media Services Regulations 2020, which transposed the revised AVMS directive, were made and laid in Parliament on 30 September. Many of the EU Member States are set to miss the 19 September 2020 the deadline for implementing the new Audiovisual Media Services Directive into local law - leaving affected businesses in an uncertain position. 2. The Directive creates an EU-level framework to coordinate national legislation on all audiovisual media, both traditional TV broadcasts and on-demand services (for example, Netflix, Amazon Video, Now TV). . (2020/C 223/03) I. Traditional methods of broadcasting have been shaken up by the rise of social media platforms, on-demand streaming services and other . The Audiovisual Media Services Regulations 2020 2.9 Under Section 211 the Communications Act 2003 ("the Act"), Ofcom has a duty to regulate television broadcast services that are under the jurisdiction of the UK for the purposes of the AVMS Directive. The amended Audiovisual Media Services Directive (AVMSD) is the EU's attempt to bring the giants of the streaming world into a fairer regulatory environment, but incidental to these could well be content publishers who include audiovisual content on their websites and who could be subject to it too. Previously, only the television without frontiers directive . The Audiovisual Media Services Regulations 2020 ("the Regulations") have been made. The Audiovisual Media Services Directive stipulates that video-on-demand service providers must have a share of at least 30% of European works in their catalogues and must ensure their prominence. The Audiovisual Media Services Regulations 2020 transposed a revised EU directive into UK law. In addition, new 2020 data has just been uploaded into MAVISE and the following trends become apparent: Between Brexit and the transposition of the revised Audiovisual Media Services Directive (AVMSD), the supply of audiovisual services has been experiencing a lot of commotion. On the 1 st November 2020, the United Kingdom's implementation of the European Union's Audiovisual Media Services Directive (AVMSD) came into force through implementing The Audiovisual Media Services Regulations 2020.It is likely to be the last significant EU directive implemented in the United Kingdom. The Ministry of Culture and National Heritage published a draft law on 7 September 2020 amending the Broadcasting Act and the Cinematography Act. While attempting to say it aloud may give you a sharp headache, its rules will hopefully do the opposite. (b) 1990 c. 42; the definition of "the Audiovisual Media Services Directive" was substituted by S.I. On 1 November 2021, an amendment to the provisions of the Broadcasting Act 1 ("Act") entered into force in Poland. The provisions on VSPs were contained in a new part 4B which was inserted into the Communications Act 2003. Only three countries adopted legislative proposals to implement the revised Audiovisual Media Services Directive 2018/1808 ("AVMSD") ahead of the 19 September 2020 deadline for transposition by the Member States. The reviewed Audiovisual Media Services Directive (AVMSD): to adapt the sector to the digital context and to introduce a more level playing field for broadcasters, VOD providers and video-sharing platforms. Behind us are the days of audio-visual entertainment being delivered only by scheduled programming. They introduced rules for video-sharing platform services for the first time, with Ofcom as the national regulatory authority for video . Text. The other major on-demand audiovisual media service platform, Netflix, was the subject of another report in May 2020. These Regulations come into force immediately before IP completion day except for regulation 4 which comes into force on IP completion day. The European Regulators Group for Audiovisual Media Services brings together the leaders or high level representatives of these regulatory bodies to advise the Commission on the implementation of the EU's Audiovisual Media Services Directive (AVMSD). The AVMSD sets out the basis for an open and fair EU market for audiovisual services. (a) 2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 was amended by paragraph 53 of Schedule 5 to that Act. The new Audiovisual Media Services Regulations 2020/1062 (the Regulations) implement the revised Directive and made the necessary amendments to the Broadcasting Acts of 1990 and 1996 and the . The Bill will also transpose the revised Audiovisual Media Services Directive into Irish law. February 2020. The 19 September 2020 is the final day for EU Member States to transpose the revised Audiovisual Media Services Directive into their national law, a legislation they agreed on two years ago (on 6 November 2018). Accessibility; You can watch the complete webinar here. The revised AVMS directive was transposed into UK law by the Audiovisual Media Services Regulations 2020, the majority of which entered into force on 1 November 2020. In the AVMS Directive 2018 influencers' video channels are explicitly made subject to top . It regulates diverse aspects for providers of television broadcasting and on-demand services and entered into force in December 2007. The Audiovisual Media Services Directive or AVMSD (referred to as the Directive throughout this text) was adopted on 14 November 2018. Audiovisual Media Directive 2018/1808 in . The core piece of legislation in this area started out as the Television without Frontiers Directive (TWFD), adopted in 1989, and became the Audiovisual Media Services Directive (AVMSD) in 2007. IRIS 2020-8:1/3 Ronan Fathaigh Institute for Information Law (IViR) On 2 July 2020, the European Commission published two important sets of guidelines pursuant to the revised Audiovisual Media Services Directive (AVMSD) which extends audiovisual rules to what are termed video-sharing platforms (see IRIS 2019-1/3). 3. 12820-2020 - Belgium-Brussels: Study on the Practical Implementation of the Provisions of the Audiovisual Media Services Directive concerning the Promotion of European Works in Audiovisual Media Services Smart 2019/0037 The Audiovisual Media Services Regulations 2020 SI 2020/1062 have been made. To view or download the toolkit, please click the link below: EDF Audiovisual Media Services Directive Toolkit. Natalia Surez. 12820-2020 - Belgium-Brussels: Study on the Practical Implementation of the Provisions of the Audiovisual Media Services Directive concerning the Promotion of European Works in Audiovisual Media Services Smart 2019/0037 The EU's Audiovisual Media Services Directive (AVMSD) governs EU-wide coordination of national legislation on all audiovisual media traditional TV broadcasts and on-demand services. The 2020 regulations came into force on 1 November last year; for the first time, they introduced rules for video-sharing platform services. 2.2 The UK transposed the EU's revised AVMSD through the Audiovisual Media Services Regulations 2020 ('the transposing Regulations') which were made and laid on the 30th September 2020. Tenders Electronic Daily (TED) the European public procurement journal. This 'upgraded' directive further harmonises national legislation, not only on traditional TV broadcast but also on-demand services and video-sharing platforms. The Directive was revised in 2016 - 2018. The Directive covers different aspects of audiovisual media, including concerning aspects such as prohibition of hate speech and discrimination based on disability and other grounds, commercial information on TV programs, protection of minors, independence of the national regulatory bodies that monitor audiovisual services, and the promotion of . 74/2020, November 19 (hereinafter Audiovisual Media Services Law), transposed into the Portuguese legal framework Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018 (hereinafter Directive), unifying in the European area the provision of audiovisual media services, introducing substantial innovations for the several stakeholders . 7.7.2020. 2.3 The AVMSD is an EU-wide directive, governing coordination of national legislation on all audiovisual media. In this section of the toolkit we give a brief introduction of the Directive with key definitions, provide a timeline for transposition and implementation, and indicate who the key players of the process are. The audiovisual media services directive is a EU directive that updates current broadcast service laws to include on-demand such as Netflix and video-sharing such as YouTube. Those regulations came into force on 1 November and introduced, for the first time, rules for video-sharing platform services. The deadline for transposing the revised Audiovisual Media Services Directive into national legislation was 19 September 2020 and only Denmark, Hungary, the Netherlands and Sweden have notified transposition measures and declared their notification complete. They shall immediately communicate the text of those provisions to the Commission.". The new rules for VSPs were introduced by the Directive EU 2018/1808 (2018 Directive), amending the Audiovisual Media Services Directive (2010/13/EU) (AVMS Directive), with member states given until 19 September 2020 to enshrine the 2018 Directive in national law. The Audiovisual Media Services Regulations 2014 is a Statutory Instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through video on demand or other streaming platforms. Our AVMSD tracker shows the current status of the transposition in the Member States where we have offices. For most of us, the way we consume traditional media has changed. It will place the regulation of video on-demand services on a direct statutory footing and align the regulation of such services with television broadcasting services. On February 6th, the European Disability Forum (EDF) organised a webinar about the Audiovisual Media Services Directive (AVMSD). The Regulations will apply to any online service (including social media platforms . The directive regulates both traditional TV broadcasting and new on-demand services, although to a different degree. C/2020/4322 The EU's game-changing Audiovisual Media Services Directive, which is expected to prompt new rules of engagement between producers and streaming giants, is finally in various stages of . Tenders Electronic Daily (TED) the European public procurement journal. The new Regulations implement certain provisions of the Audiovisual Media Services Directive (2010/13/EU) made by Directive (EU) 2018/1808 (AVMSD) in view of changing market realities. Article by. They implement certain provisions of the amended Audio-Visual Media Services Directive and make amendments to the Broadcasting Acts of 1990 and 1996 and the Communications Act 2003. Following political agreement with the Council, a vote in plenary on 2 October 2018 saw Parliament adopt the updated EU Audiovisual Media Services Directive, based on the proposal presented by the Commission on 25 May 2016. The overarching goal of the proposal was to bring about a balance between competitiveness and consumer protection. The recently approved Draft Law 44/XIV (hereinafter Draft Law), transposes into the Portuguese legal framework Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018 (hereinafter Directive), unifying in the European area the provision of audiovisual media services, introducing substantial innovations for the several stakeholders that act in this sector. It was conducted in the context of the implementation of Article 13, paragraph 7 of the Audiovisual Media Services Directive, on the method of calculation of the share of European works and the exemptions for low audience and low turnover. Section 319 requires Ofcom to set , and from time to The amendment to the AVMS directive will introduce significant changes to the media services market, including . CAC urges the platform to take measures to clearly identify advertising, in line with the Audiovisual Media Services Directive CAC analysed videos by 8 TikTokers who have over a million followers and found that 93% of content contains hidden advertising of fast food, sugary drinks, beauty products, clothing, and video consoles and games; CAC Chairperson Roger Loppacher warns that the platform . Those regulations came into force on 1 November 2020. Now it not only covers traditional TV broadcasts but also on-demand (online) services . The Audio-Visual Media Services Directive. The new regulations are the result from implementation of the last version of the Audiovisual Media Services Directive 2 ("AVMS directive") into the national legal order. Media Services Directive (AVMSD). Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities, https://eur-lex.europa.eu/eli . This forthcoming implementation, among the first of its kind in the EU, comes at a time when the COVID pandemic increasingly harms businesses in the audiovisual and entertainment field. 06.02.2020. Cullen International just updated our two benchmarks that track the progress in the transposition of the Audiovisual Media Services Directive (AVMSD) across 14 European countries and the most interesting proposals under discussion. Communication from the Commission Guidelines on the practical application of the essential functionality criterion of the definition of a 'video-sharing platform service' under the Audiovisual Media Services Directive 2020/C 223/02. Guidelines pursuant to Article 13 (7) of the Audiovisual Media Services Directive on the calculation of the share of European works in on-demand catalogues and on the definition of low audience and low turnover. The AVMSD is a directive which sets . The aim of the new act is to implement Audiovisual Media Directive 2018/1808 in Poland. The same day, to considerably less fanfare, it also published its response to the two consultations on the Audiovisual Media Services Directive (AVMSD) from the 30 May 2019 and 24 July 2019. The European Commission's aim with the AVMSD is to create media regulation that is appropriate for the 21st century. The Act had already imposed investment obligations on media service providers and specific levies and fees to foster the . On 29 October 2020, the French Ministry for Culture released a draft Ordinance and a draft Decree implementing the Audiovisual Media Services Directive. Audiovisual media are subject to the rules of the single European market, like other goods and services. Only three countries adopted legislative proposals to implement the revised Audiovisual Media Services Directive 2018/1808 ("AVMSD") ahead of the 19 September 2020 deadline for transposition by the Member States. 2020/1062. action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities, OJ L 303, 28.11.2018, 69. EU Member States had to transpose the AVMSD by 19 September 2020. This chapter takes a regulatory perspective on transparency in commercial communication by social media influencers with a focus on the new European Audiovisual Media Services Directive 2018 (AVMS Directive 2018) in the context of existing rather successful (self-) regulatory models in the Netherlands. According to Article 2, " Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 September 2020. The Audiovisual Media Services Directive ( AVMSD) requires Member States to transpose the revised provisions in national legislation by 19 September 2020. These Regulations may be cited as the Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020. The new UK Regulations make amendments to the Broadcasting Acts of 1990 and 1996 and the Communications Act 2003. Cullen International just updated our two benchmarks that track the progress in the transposition of the Audiovisual Media Services Directive (AVMSD) across 14 European countries and the most interesting proposals under discussion. The Audiovisual Media Services Directive ( AVMSD) requires Member States to transpose the revised provisions in national legislation by 19 September 2020. The AVMSD was significantly revised again in 2018 to go even further, bringing into scope online services that were nascent or not even launched yet in . EN. The Ministry of Culture and National Heritage published a draft law on 7 September 2020 amending the Broadcasting Act and the Cinematography Act. It will come into force on February 17 2021. European Commission, Guidelines on the practical application of the essential functionality criterion of the definition of a 'video-sharing platform service' under the Audiovisual Media Services Directive (2020/C 223/02), 7 July 2020. https://eur-lex.europa.eu/legal- The European Commission's aim with the AVMSD is to create media regulation that is appropriate for the 21st century. The Audiovisual Media Services Directive (AVMSD) sets out a country of origin principle, where providers of broadcasting channels and video on-demand services based in one country are only subject . revised AVMSD into national law by 19 September 2020. The draft also changes the Cinematography Act by introducing new payment obligations on broadcasters with the . The directive also strengthens the promotion of cultural diversity by introducing clear obligations for on-demand services to have at least . The recently published Law no. Official Journal of the European Union. On November 19, Law 74/2020 was published, transposing Directive (EU) 2018/1808 of November 14, amending local legislation on the provision of audiovisual media services (Services Directive of Audiovisual Media), to adapt it to the changes in market realities. The current amendment regulations would make some changes to the earlier set, most notably to amend the duties placed on Ofcom, the regulator. The Audiovisual Media Services Directive (AVMSD) brings significant changes for linear broadcasters and on-demand service providers . The Audiovisual Media Services Directive is the bedrock of the EU's audiovisual and media policies. On the 1 st November 2020, the United Kingdom's implementation of the European Union's Audiovisual Media Services Directive (AVMSD) came into force through implementing The Audiovisual Media Services Regulations 2020.It is likely to be the last significant EU directive implemented in the United Kingdom. However, it will also affect some famous social media that you might use right now. The revised Audiovisual Media Services Directive (EU) 2018/1808 (in all 24 . Ted Shapiro. The UK's Audiovisual Media Services Regulations 2020, which transposed the revised AVMS directive, were made and laid in Parliament on 30 September. The amendments to the Audiovisual Media Services Directive adopted in 2018 came in part from lobbying by broadcasters who wanted online platforms to have the same obligations as traditional media . These Regulations implement certain provisions of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of . On 29 October 2020, the French Ministry for Culture released a draft Ordinance and a draft Decree implementing the Audiovisual Media Services Directive. In these Regulations, "the 2003 Act" means the Communications Act 2003 ( 2 ). EU Member States had to transpose the AVMSD by 19 September 2020. The targeted consultation took place between 24 February and 13 March 2020. Many of the EU Member States are set to miss the 19 September 2020 the deadline for implementing the new Audiovisual Media Services Directive into local law - leaving affected businesses in an . The revised Audiovisual Media Services Directive or AVMSD, will be implemented next September 2020.The revised guidelines will cover both traditional TV broadcasts and On-Demand services. Our AVMSD tracker shows the current status of the transposition in the Member States where we have offices. As SCL readers will be aware, the amended Directive includes an expanded scope to . Audiovisual Media Services Directive Audiovisual Media Services Directive The Audiovisual Media Services Directive impacts agencies' possibilities to place advertising next to certain audiovisual media by stipulating quantitative and qualitative advertising rules. The Regulations will apply to any online service (including social media platforms . The directive, which in various formats dates back to 1989, was amended in 2018 with a deadline for transposition of 19 September 2020. October 12, 2020. 8 Such criteria include, in particular, the location of the provider's head office, the place where editorial Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. Being editorially responsible platforms, the latter are subject to the Audiovisual media services directive. COMMUNICATION FROM THE COMMISSION. If applicable, it also contains information about national circumstances. 7 As defined in the Audiovisual Media Services Directive. Read more 07.12.2020; Blog Member States fail to meet the Audiovisual Media Services Directive deadline Read more 17.09.2020; News SAA response to the European Commission's consultation on the AVMS Directive Read more 18.03.2020; Our work AVMS Directive Revision The SAA's response to the EC consultation on the AVMS Directive . If applicable, it also contains information about national circumstances. The House of Lords Secondary Legislation Scrutiny Committee has raised some concerns about the UK's ability to tackle online harm now that the UK has left . For a discussion of the Directive, please see our Law-Now.The main changes to UK law introduced through the Regulations are to:

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