AVMS Directive transposition Progress Report September 2020 – Most Member States will not meet the implementation deadline 11 September 20

The deadline for member states to transpose the Audiovisual Media Services Directive expires in a few days (on 19 September 2020).

However, only Denmark (among the countries covered) has formally transposed the directive so far. The transposition process has not moved forward significantly in any of the countries compared to what was reported in Cullen International's July Report.

In Germany, the new Interstate Media Treaty is in the process of being formally adopted (so far 7 of 16 Lander parliaments have approved the treaty). But, the Telemedia Act (which includes rules on jurisdiction) and other laws under federal competence were adopted by federal parliament on 2 July 2020.

The Netherlands and Finland (where parliament activities are resuming on 8 September 2020) will most probably be next in line to implement the directive.

In France, two implementing decrees to relax advertising rules on TV were adopted at the beginning of August to address the loss of advertising revenues by broadcasters. The government has disclosed further information on the split adoption process. The AVMS Directive will be transposed by means of a government ordinance which will be authorised by a general law aiming to transpose various pieces of EU legislation. Parliament will start examining this draft general law in September and it could be adopted by the end of 2020. Other aspects (such as the creation of a new authority) will be included in a separate "small audiovisual draft law".

In Italy, the parliament (Senate) has finalised hearings and has voted the relevant amendments to the draft European Mandate Law 2019. This law will give the government the power to implement the directive by legislative decree according to the principles and criteria contained in the law. The Senate is expected to approve the law on 21 September 2020 and then to send it to the other parliament chamber (Camera) for adoption as a whole (without the possibility to amendment it). No information has been disclosed so far on the preparation of the legislative decree, which the government is bound to adopt within three months from the entry into force of the European Mandate Law.

In Belgium (Wallonia), during the summer the regulator CSA delivered an opinion on a draft implementing text, which the government has not yet published.

In the UK, Ofcom launched a consultation on 16 July 2020, which closes on 24 September 2020 to help it produce guidance on the appropriate measures to be taken by video-sharing platforms.

The latest progress report by Cullen International provides an overview of the most interesting proposals under discussion.

To access the progress report, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our European Media service. 

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