Written by: Roshan Dwivedi
Video content published by daily newspapers on their websites should not be subject to regulation under the EU’s Audiovisual Media Services (AVMS) Directive, a legal advisor to the EU’s highest court has said.
Advocate general Maciej Szpunar said that a newspaper website, regardless of whether it contains a dedicated video section, should not be classed as an ‘audiovisual media service’ and should not therefore be subject to the rules contained in the AVMS Directive. Opinions of advocate generals to the Court of Justice of the EU (CJEU) are non-binding, but the CJEU often follows their guidance when issuing judgments in cases.
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 ‘video 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.
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