The Institute of European Media Law (EMR) published today a legal opinion on “The AVMSD Jurisdiction Criteria concerning Audiovisual Media Service Providers after the 2018 Reform”. This analysis, prepared by its Director for Scientific Affairs, Prof. Dr. Mark D. Cole, deals with one of the main questions of the EU’s Audiovisual Media Service Directive (AVMSD): the country of origin-principle lays down that only one Member State is competent to regulate a provider falling within the scope of the AVMSD. This cornerstone of the Directive ever since it was passed in 1989 necessitates a clear decision on jurisdiction over the providers. The legal opinion attached gives an in-depth overview of the criteria of the AVMSD and shows that they have not changed in substance with the passing of the Amending Directive (EU) 2018/1808.
The new version of the Directive, which was just published in the OJ on 28 November 2018 (see on the development Synopsis prepared by EMR), will introduce procedural elements concerning the establishing and publication of lists about the Member States competent to regulate each of the providers. Today’s publication is aimed to contribute to this process by providing interpretation guidance on the establishment criteria of Article 2 (3) AVMSD. In addition, the opinion presents the ancillary technical criteria of Article 2 (4) AVMSD concerning satellite distribution. The latter have been recently discussed in the context of potential consequences of Brexit for AVMS providers located in the UK (see on this the EMR-Report on Audiovisual Sector and Brexit: the Regulatory Environment prepared for the CULT Committee).
Shortly before the ending of the year the publication of the opinion comes at a time when not only the 30th anniversary of the creation of the original Television without Frontiers Directive will be celebrated in 2019, but when also Member States will start with the implementation process for the new version of the Directive.
We hope you find the Legal Opinion on “The AVMSD Jurisdiction Criteria concerning Audiovisual Media Service Providers after the 2018 Reform”an interesting and valuable read and wish you all a happy festive season and the very best for a happy new year.
