The European Parliament has approved the new audiovisual media services directive, extending certain regulations for broadcasters to online video providers, such as Netflix, YouTube and Facebook, as well as to live streaming on video-sharing platforms. The directive is expected to take effect by year-end, after which EU states will have 21 months to implement the changes in national law.
The updated rules require audiovisual media services providers to take appropriate measures to combat content inciting violence, hatred and terrorism, while gratuitous violence and pornography will be subject to the strictest rules. Video-sharing platforms will be responsible for reacting quickly when content is reported or flagged by users as harmful. The parliament did not go so far as to require automatic filtering of uploaded content, but said platforms need to create a "transparent, easy-to-use and effective mechanism to allow users to report or flag content".
Other changes in the new law include strict rules on advertising, product placement in children’s TV programmes and content available on video-on-demand platforms. The MEPs also approved a personal data protection mechanism for children, imposing measures to ensure that data collected by media providers are not processed for commercial use, including for profiling and behaviourally targeted advertising.
Under the new rules, advertising can take up a maximum of 20 percent of the daily broadcasting period between 6.00 and 18.00 hours, giving broadcasters more flexibility to plan their advertising periods. A prime-time window between 18:00 and 0:00 was also set out, during which advertising will only be allowed to take up a maximum of 20 percent of broadcasting time.
In order to support the cultural diversity of the European audiovisual sector, the parliament approved a minimum 30 percent quota for European productions in the catalogues of video-on-demand platforms, up from the European Commission's original proposal of 20 percent. The VoD providers must also contribute to the development of European audiovisual productions, either by investing directly in content or by contributing to national funds. The level of contribution in each country should be proportional to their on-demand revenues in that country.
The legislation also includes provisions regarding accessibility, integrity of a broadcaster’s signal, strengthening regulatory authorities and promoting media competences.The directive still needs formal approval from the Council of EU ministers. The Council is expected to give its approval in the coming weeks, after it already agreed to a compromise text with the Parliament in April. The law should go into effect by year-end, after which the EU states will have 21 months to transpose the new rules into national legislation.
