Download "Approaching Jurisdictional Issues in European Audiovisual Law: Trends and Tensions" here

The European Audiovisual Observatory, part of the Council of Europe in Strasbourg, has just published its latest in-depth legal analysis: “Approaching Jurisdictional Issues in European Audiovisual Law: Trends and Tensions”. This new report is authored by Olivier Hermanns, Senior Analyst from the Observatory’s Legal Department.

The global audiovisual industries are going through a period of unprecedented digital transformation and geopolitical shifts. In parallel to these upheavals, media regulators across Europe are confronted with pressing questions concerning legal authority and cross-border enforcement of decisions. This brings to light the significance of jurisdiction in ever-evolving audiovisual regulation. This report provides a timely look at the many facets of these challenges, with a constant focus on concrete issues.

In chapter One, the author begins by describing the context in which the report is set. He highlights the ongoing public debate surrounding media service providers targeting audiences in territories other than their member state of establishment. This debate could impact the country-of-origin principle, which determines the jurisdiction legally responsible for an audiovisual media service provider based on the country of its establishment.

Hermanns then moves on to chapter Two dealing with territorial jurisdiction criteria. The author looks at the different approaches to the country-of-origin principle, whether it be in EU law or the Council of Europe’s Convention on Transfrontier Television and zooms in on the particularities of jurisdiction in the post-Brexit UK. The report also describes exceptions to the country-of-origin principle found in legal instruments of the EU, such as the DSA and the EMFA, as well as rules of Union law that may apply to providers established outside the EU. This chapter concludes with an overview of recent legislative initiatives in EU member states regulating service providers established in other member states. It also provides a case-study on the jurisdictional challenges posed by free ad-supported streaming television (FAST channels).

Chapter Three deals with monitoring and enforcement mechanisms. This chapter examines how National Regulatory Authorities (NRAs) across Europe are empowered to supervise and sanction cross-border media activities.

Chapter Four examines the legal framework for cooperation and mutual assistance between the regulators. It describes the institutional and procedural mechanisms laid down at EU level—ranging from the AVMSD to the EMFA and the AI Act—that enable regulators to work together in order to address jurisdictional overlap and cross-border media concerns. The role of informal cooperation networks, such as the European Platform of Regulatory Authorities (EPRA) and the newly formed European Board for Media Services, is also explored.

Chapter Five presents a forward-looking discussion of the key challenges in safeguarding freedom of reception and retransmission in the face of increasingly fragmented jurisdictional claims. The author delves into the emerging threats of foreign interference, platform manipulation, and the need for stronger supranational governance to counteract these risks.

A must-read for policymakers, regulators, media lawyers, academics, and all stakeholders involved in the governance of Europe’s media space.