A discussion of the aims of the Audiovisual Media
Services Directive and the interests involved,
taking as examples:
- The promotion of cultural diversity
- Protection against hate speech and other unacceptable content
- Protection for underage users in particular
- The limits to advertising
- Product placement
- The right to short reporting
The challenges of transposing the Directive into national law:
- Intelligibility, acceptance, manageability of the solutions chosen
- Incorporation into existing media law of the concepts set out
- Drawing a distinction between linear and non-linear services
- Definition of editorial responsibility
- Co-regulation - for what areas and how is it organised?
- Rights of citizens and the industry to be heard or have a say
in matters
- Monitoring of compliance with the law
- The roles of the regulatory authorities
- Responsibility for ensuring the implementation of, and compliance
with, the rules in individual cases
This IRIS Special focuses on issues relating to the transposition
of the Audiovisual Media Services Directive into national law. In
particular, it discusses the importance of this task for general
concepts and key definitions contained in the Directive. On the
basis of these concepts, it looks at practical issues and possible
solutions that are emerging in the transposition arrangements of
the various EU member states. Finally, it examines a number of subsidiary
regulatory and monitoring issues.
In this discussion, it becomes clear on the one hand how big the
differences in the transposition of the Directive from one state
to another are and to what extent the different legal traditions
of individual states have an impact. Numerous examples make it clear
that the, in some cases, broadly defined concepts and targets of
the Directive leave room for different national solutions, especially
in the case of non-linear services. On the other hand, attention
is also drawn to the fact that the current regulatory culture in
some EU member states will change since a number of the Directive's
provisions will result in the lasting adaptation and simplification
of their legislation.
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