Insights European Commission opens infringement proceedings against 23 Member States and the UK for failing to transpose Audiovisual Media Services Directive (2018/1808/EU) (AVMSD)

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The AVMSD, which revised the Audiovisual Media Services Directive (2010/13/EU), introduces new rules on the coordination of audiovisual media across the EU, covering traditional TV broadcasts, on-demand services, and video-sharing platforms. The Commission says that the new EU rules aim to create a regulatory framework fit for the digital age, leading to a safer, fairer and more diverse audiovisual landscape.

The deadline for transposing the AVMSD into national legislation was 19 September 2020 and the Commission says that only Denmark, Hungary, the Netherlands and Sweden have notified transposition measures and declared their notification complete.

Therefore, the Commission has sent letters of formal notice to Belgium, Bulgaria, Czechia, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and the United Kingdom, asking them to provide further information. They now have two months to reply.

On 1 November 2020, the Audiovisual Media Services Regulations 2020 came into force in the UK. The new Regulations implement certain provisions of the AVMSD by making amendments to the Broadcasting Acts of 1990 and 1996 and the Communications Act 2003. In particular, Part 4 of the new Regulations inserts a new section Part 4B into the 2003 Act to regulate video-sharing platform services for the first time. To read the Commission’s press release in full, click here.