Rules on video on-demand services could be extended to non-EU providers

In its digital single market strategy published in May, the Commission committed to revising the EU's Audiovisual Media Services (AVMS) Directive next year. In a newly opened consultation that ends on 30 September, the Commission wants input from regulators, broadcasters, content providers and telecoms providers, among others, on what form the reforms should take.

According to the consultation, the Commission is considering extending the scope of the Directive to non-EU video on-demand service providers that target internet users in the EU.

"The AVMSD applies only to providers who are under EU jurisdiction," the Commission said. "In terms of satellite broadcasting, this jurisdiction lies with the member state in which the satellite up-link is located or the satellite capacity used is 'appertaining to that member state'. The AVMSD does not apply to content delivered over the internet from countries outside the EU, but targeting EU internet users. The public consultation seeks feedback on whether this system works and whether and how operators with no establishment in the EU could be covered by the rules."

The AVMS Directive provides a European-wide standard on governing audio and visual content that is under the editorial responsibility of an audiovisual media service provider. The Directive applies to audiovisual media services that constitute television broadcasting as well as 'on-demand' services found online that are 'TV-like'.

The Directive lays out a range of rules that providers must adhere to, including restrictions on advertising and sponsorship as well as rules designed to ensure the protection of minors.

According to the Commission, the reforms stemming from the consultation could see a single set of rules applied to both traditional TV broadcasters and video on-demand service providers online, to account for increasing "convergence" between the two parts of the market.

Reforms to the AVMS Directive could also affect 'listed events' legislation across the EU. This is because the Directive, as currently drafted, allows EU countries to designate events of major importance for society that must be broadcast on free-to-air television. The Commission has asked for views on whether those rules are "relevant, effective and fair".