The EU Audiovisual Media Services (AVMS) Directive
Produced in partnership with Josh Boyden of Baker McKenzie , Birgit Clark of Baker McKenzie , Kathy Harford of Baker McKenzie and Jason Raeburn of Baker McKenzie
The EU Audiovisual Media Services (AVMS) Directive

The following TMT practice note produced in partnership with Josh Boyden of Baker McKenzie, Birgit Clark of Baker McKenzie, Kathy Harford of Baker McKenzie and Jason Raeburn of Baker McKenzie provides comprehensive and up to date legal information covering:

  • The EU Audiovisual Media Services (AVMS) Directive
  • Historical regulatory context
  • Original EU Audiovisual Media Services Directive (Directive 2010/13/EU)
  • European Commission’s DSM strategy—AVMS developments
  • Consultation of 2015
  • The history of the Revised AVMS Directive (Directive (EU) 2018/1808)
  • Introduction of the Revised EU AVMS Directive
  • Scope of the EU AVMS Directive
  • Key ancillary concepts
  • Extension of the scope in the Revised EU AVMS Directive
  • More...

This Practice Note uses the term ‘EU AVMS Directive’ to mean the current EU audiovisual media services (AVMS) regulatory regime outlined initially in Directive 2010/13/EU and subsequently amended by Directive (EU) 2018/1808. Where references are made solely to Directive 2010/13/EU the term ‘Original EU AVMS Directive’ is used; and where references are made solely to Directive (EU) 2018/1808 the term ‘Revised EU AVMS Directive’ is used.

The EU AVMS Directive does not apply to the UK post-IP completion day. However, the principles and standards it sets underpin the UK law regulating AVMS, as the UK implemented the EU AVMS Directive in its revised form before IP completion day. The key divergence (at January 2021) is that the country of origin principle established under the directive no longer applies. For more information, see the Impact of Brexit section.

Historical regulatory context

In the early 1980s, TV viewers had a relatively limited choice of programming—state-owned and other terrestrial ‘free to air’ broadcasters held a dominant position in the market and their services were highly regulated under local broadcasting laws. With the technological revolution of the 1980s, rapid developments in TV and radio broadcasting technology, including satellite broadcasting, resulted in growth in commercial TV and radio stations all over Western Europe. The laws governing the audiovisual sector, however, differed from one European country to another, and with a rapidly growing

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