Are you navigating the ever-changing world of online video and media? The European Union is taking a serious look at the Audiovisual Media Services Directive (AVMSD) – a key piece of legislation that aims to protect viewers and foster a thriving European media landscape. But the media landscape has shifted dramatically since the Directive was first introduced in 2010, and it’s time for an update.

Why This Matters to You

The AVMSD was created to ensure viewers have access to quality media content, protect minors, and promote European cultural diversity. However, the rise of influencers, new distribution technologies, and increasingly personalized online content has created a complex situation. This evaluation will directly impact how media content is produced, distributed, and consumed across Europe, ultimately influencing the content you see and the platforms you use.

What’s Happening? A Key Evaluation

The European Commission is undertaking a thorough evaluation of the AVMSD, running in parallel with an impact assessment. This means they’re looking at what’s working, what’s not, and how the Directive can be made more effective and relevant. Here’s a breakdown:

1. Understanding the Landscape:

• Rapid Change: The media environment has transformed since 2018. We’ve seen the emergence of influencers, the shift to video-on-demand services, and the rise of user-generated content on platforms like YouTube and TikTok.
• New Players: Influencers, who aren’t traditionally considered media companies, have become major players in content creation and distribution.
• New Technologies: New distribution channels and technologies have altered how people access and consume media.

2. What the Evaluation Will Focus On:

• Effectiveness & Relevance: The evaluation will assess whether the current rules are still fit for purpose.
• Scope: This includes examining the prominence of media services of general interest (like public service broadcasters), the regulation of commercial audiovisual communication, and protections for minors.
• Fair Competition: The commission will look at potential imbalances between market players, such as excessive regulation or challenges faced by traditional media in competing with new formats.
• Simplification: A key goal is to simplify the legal framework, considering the evolving digital landscape and the impact of the Digital Services Act (DSA).

3. The Timeline & Next Steps

• Deadline: The Commission is required to submit an ex-post evaluation report by December 19, 2026.
• Review Proposal: Based on the evaluation, the Commission plans to propose a review of the Directive, aiming to update and simplify the rules.

4. Key Concerns & Potential Changes

• Influencer Regulation: A significant area of focus will be how to regulate influencers and their impact on the media ecosystem.
• Fragmentation: The commission recognizes the issue of regulatory fragmentation across Member States – with some regulating influencers while others don’t – and aims to streamline the legal framework.
• Digital Services Act Alignment: The evaluation will seek to align AVMSD rules with the broader EU digital rulebook, particularly the DSA.

Actionable Insights & What You Can Do:

• Stay Informed: The Commission’s website (https://digital-strategy.ec.europa.eu/en/policies/audiovisual-and-media-services) will be a key source of updates.
• Provide Feedback: As part of the call for evidence, the Commission is inviting stakeholders to share their views. Your insights can help shape the future of media regulation in Europe.
• Consider the Impact: As a consumer of media content, understand how these changes could affect the types of content you see and the platforms you use.

The evaluation of the AVMSD represents a crucial step in ensuring the media landscape remains vibrant, competitive, and protects viewers in the digital age. By understanding the process, we can all contribute to a future where media serves the public interest effectively.

Source: Analysis of Audiovisual media services – evaluation and update of EU rules.pdf