Ready, Set… Go? – The Audiovisual Media Services Directive

Summary:

This IRIS Special contains initial answers to the various questions that arise both with regard to the transposition of the Directive and, later, the implementation of the solutions. On the basis of this information, the reader can, firstly, track the transposition of the Directive, which must be completed by 19 December 2009. Secondly, they will be able to see where some matters will still presumably need to be clarified and, therefore, action taken after this deadline has expired. Thirdly, their attention is drawn to the question of what interests might clash with one another in actual cases. This IRIS Special provides facts and guidance on all these questions while at the same time leaving it up to the reader – that is to say, you personally – to judge the winner of the “competition” for the best transposition of the Directive.

Table of Contents:

• Accompanying the transposition of the Audiovisual Media Services Directive: Report on the joint EAO/EMR workshop held on 30 and 31 January 2009 in Saarbrücken
• The general impact of key notions of the AVMS Directive and their definitions on the national framework (Arts. 1, 2 and 3 of the Directive)
• Linear and non-linear audiovisual media services
• Establishment: Editorial responsibility and effective control
• Product placement: A brief summary of the current and future legal position under the Audiovisual Media Services Directive
• Short reporting rights: Austria’s experience
• Promotion of European works in on-demand services: Incentives for action by legislators/regulators/industry
• Regulation, Co-regulation, Self-regulation: Protection of minors – the case of the UK
• Jurisdiction and Co-operation: The example of Luxembourg
• Measures limiting the freedom to provide services: Incitement to hatred, human dignity and harmful content – Focus France
• Rule making by regulatory bodies: Commercial communications regulation in Ireland
• Monitoring of compliance through member states’ national regulatory bodies and co-regulatory bodies
• Transposition of the AVMS Directive: The Latvian experience
• No news, bad news: The AVMS Directive in Spain

• Primary Source