Restrictions regarding Transfrontier Audiovisual Media Services in the Light of the Revised Audiovisual Media Services Directive

Abstract

Freedom of services in the field of audiovisual media content has been a key element in the broader audiovisual media services sector of the European Union, relying mainly on the principle of free transmission and retransmission of audiovisual media content as transfrontier services. The adoption in December 2018 of the revised text of the Audiovisual Media Services Directive (Directive 2018/1808), as well as its stipulated deadline of September 2020 for implementation by Member States, marks the transition to a new, amended legal framework. Restrictions to the freedom of movement in the field of audiovisual media content comprise an exception to the country of origin principle, the revised Directive applying similar rules for linear and nonlinear media services. Novelty elements to the circle of possible restrictions are a direct consequence of the extension of protected values, more clarity and precision in the procedures (by introducing procedural assurances and more reasonable deadlines, as well as introducing the possibility of an emergency procedure in the case of the most severe infringements).