Articles 28a (1) and (2) establish that a VSP provider is under the jurisdiction of the member state where it is established, with Articles 28a (3), (4) and (5) further detailing criteria to assess where a VSP provider is established. Article 28a (6) establishes that EU member states shall establish and maintain and up-to-date list of VSP providers established or deemed to be established on their territory. Article 28a (7) clarifies the role of ERGA in providing opinions on the matter of jurisdiction in case of disagreements between two EU member states.
The information contained in the lists of VSP providers established by EU member states and communicated to the European Commission (as per Article 28a (6) AVMSD) is made available in a centralised database - MAVISE database of the European Audiovisual Observatory.
Article 28b (1) establishes that EU member states shall ensure that VSP providers under their jurisdiction shall take appropriate measures to protect minors from programmes, user-generated videos and audiovisual commercial communications which may impair their physical, mental or moral development. Measures should also be taken to protect the general public from programmes, user-generated videos and audiovisual commercial communications containing incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter. Lastly, the general public should also be protected from programmes, user-generated videos and audiovisual commercial communications containing content the dissemination of which constitutes an activity which is a criminal offence under EU law.
Article 28b (2) clarifies that EU member states shall ensure that VSP providers under their jurisdiction comply with the requirements set out in Article 9 (1) AVMSD with respect to audiovisual commercial communications marketed, sold or arranged by them.
Article 28b (3) provides further clarifications on the types of measures to be put in place in relation with Articles 28b (1) and (2).
Article 28b (4) urges EU member states to encourage the use of co-regulation in relation with Articles 28b (1) and (2). Article 28b (9) further provides that the European Commission shall encourage VSP providers to exchange best practices on those codes of conduct.
Article 28b (5) provides that EU member states shall establish mechanisms to assess the appropriateness of the measures referred to in 28b (3) and Article 28b (6) provides that they may also impose more detailed or stricter rules with regard to measures for the protection of minors and rules relative to audiovisual commercial communications.
Article 28b (7) establishes that EU member states shall ensure that out-of-court redress mechanisms are available for the settlement of disputes between users and VSP providers with regard to the application of Articles 28b (1) and (3). Article 28b (8) also provides that users must be able to assert their rights before a court in relation to VSP providers with regard to the same provisions.
Finally, Article 28b (10) provides that EU member states and the European Commission may foster self-regulation through Union codes of conduct.
National transpositions of Articles 28a and 28b 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
