Article 9(1) establishes that member states shall ensure that ACCs provided by media service providers under their jurisdiction comply with a series of requirements. They shall be readily recognisable as such and surreptitious ACCs shall be prohibited (Article 9(1)(a)). Additionally, they shall not:
- use subliminal techniques (Article 9(1)(b),
- prejudice respect for human dignity (Article 9(1)(c)(i)),
- include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation (Article 9(1)(c)(ii)),
- encourage behaviour prejudicial to health or safety (Article 9(1)(c)(iii)),
- encourage behaviour grossly prejudicial to the protection of the environment (Article 9(1)(c)(iv)).
It also prohibits ACCS for cigarettes and other tobacco products, as well a electronic cigarettes and refill containers (Article 9(1)(d)), establishes that ACCs for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption (Article 9(1)(e)). ACCs for medicinal products and medical treatments available only on prescription in the member state within whose jurisdiction the media service provider falls shall be prohibited (Article 9(1)(f)). Additionally, ACCs shall not cause physical, mental or moral detriment to minors (Article 9(1)(g)).
The AVMSD also urges member states to encourage the use of co-regulation and the fostering of self-regulation through codes of conducts regarding inappropriate ACCs for alcoholic beverages (Article 9(3)) and for foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular fat, trans-fatty acids, salt or sodium and sugars accompanying or included in children's programmes (Article 9(4)).
Article 9(5) foresees that member state and the European Commission may foster self-regulation through Union codes of conduct.
Article 20 establishes that member states shall ensure that the integrity of the programmes and rights of the right holders are not prejudiced when television advertising or teleshopping is inserted during programmes. It also establishes that television programmes may be interrupted by television advertising and/or teleshoping once for each scheduled period of at least 30 minutes.
Article 22 clarifies criteria to be met by television advertising and teleshopping for alcoholic beverages.
Article 23 sets the maximum proportion of television advertising spots and teleshopping spots within a given clock hour at 20%.
Article 28b(2) establishes that member states shall ensure that video-sharing platform (VSP) providers under their jurisdiction comply with the requirements set out in Article 9(1). It also establishes that they shall ensure that VSP providers clearly inform users where programmes and user-generated videos contain ACCs. Member states shall also encourage the use of co-regulation and the fostering of self-regulation through codes of conduct aiming at effectively reducing the exposure of children to ACCs for foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular fat, trans-fatty acids, salt or sodium and sugars. Member states shall ensure that VSP providers under their jurisdiction apply appropriate measures, practicable and proportionate, taking into account the size of the service and its nature (Article 28b(3)).
National transpositions of Articles 9, 19, 20, 22, 23 and 28b(2) AVMSD, as well as national transpositions of all other articles in the AVMSD, can be found in our AVMSDatabase.
AVMSD Study (2025): National rules applicable to influencers | Press release
