New AVMS Directive transposition - draft laws published in 7 out of 14 countries 10 February 20

EU member states need to transpose the new Audiovisual Media Services (AVMS) Directive by 19 September 2020.

Cullen International has just published two new benchmarks that track the progress in the transposition of the directive across 14 European countries.

Draft legislation has been sent to the parliament in one country, while in six other countries, the parliament is expected to start examining draft legislation within the next three months.

The latest developments that occurred since the last report include the launch of public consultations in Croatia, the approval by the Irish government of a general framework on a new Online Safety and Media Regulation Bill and the approval in Italy by the Council of Ministers of a draft EU Mandate Law which sets the boundaries for the upcoming government's decree on a new Digital Media Services Code.

The UK formally ceased to be a member of the European Union on 31 January 2020 but will have to implement the AVMS Directive as under the terms of the Withdrawal Agreement it continues to be subject to EU law during the transition period.

The report covers interesting proposals such as:

  • the creation of a new Media Commission in Ireland, which would be given powers to designate those online services falling under the scope of its regulation/codes on online safety;
  • the obligation in France for certain on-demand service providers (such as Amazon and Netflix) to invest up to 25% of their revenue made in France in EU works; and
  • the German proposal to calculate the 20% TV advertising limit over three-windows (rather than two as in the AVMS directive), which would reduce the broadcasters' flexibility with selling advertising inventory during prime time compared with EU rules.

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