Globalisation and ever-growing connectivity have given birth to a multitude of global actors and cross-border challenges. The importance of free-flowing information and the importance of protecting audiences from harmful content dictate a need for careful balance in regulation.
The country of origin principle is a key aspect of European audiovisual media law. Although it does not appear in any article of the AVMSD, it is referred to in its Recitals 33, 41, 43 and 55. In practice, this implies that for any audiovisual media service provider established in a member states, the national rules of that member state apply to it even when the service is made available in other member states.
Exceptions to the country of origin principle
Article 3(2) AVMSD introduces specific exceptions to the country of origin principle, in particular in the event that an audiovisual media service provider under the jurisdiction of another member state is deemed to incite to hatred or violence (Article 6(1)(a)), has not taken any measures to restrain the availability of content harmful to minors (Article 6a(1)) or presents a serious risk of prejudice to public security.
Article 13(2) allows for member states imposing financial contributions on audiovisual media service providers under their jurisdiction to impose the same requirement on providers outside of the jurisdiction targeting their territory. The associated financial contribution shall be based only on the revenues generated in the targeted member state.
The MAVISE database, updated on a monthly basis, contains information on audiovisual media services and their jurisdiction in Europe.
AVMSD Study (2025) National rules applicable to influencers | Press release
