Rules for video-sharing platforms under the new Audiovisual Media Services (AVMS) Directive also cover social media that provide programmes or user-generated content to entertain, inform or educate the general public as “an essential functionality”.

According to the Commission’s non-binding guidelines of 2 July 2020, the NRAs’ case-by-case assessment should consider the nature and role played by the audiovisual content in the service.

NRAs are advised to use 15 (non-cumulative) indicators around four areas: relationship between the audiovisual content and the main economic activity of the service; quantitative/qualitative relevance of the audiovisual content; monetisation/revenue generation from the audiovisual content; and availability of tools to enhance the visibility/attractiveness of the audiovisual content.

This new Cullen International cheat sheet summarises the European Commission guidelines included in the new AVMS Directive regarding the essential functionality criterion (video-sharing platforms).

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