Addressing regulatory asymmetries: video-sharing platforms, targeting on-demand services, and services outside the EU

The legal debate

Nevertheless, both scope and country of origin, as treated under the new proposal, produce the following “regulatory asymmetries”:
1. Scope and video-sharing platforms: Audiovisual media services are regulated in a different way depending on their linear or non-linear nature, while services that do not fall under the editorial responsibility of their providers, as video-sharing platforms, remain outside of the full scope of the AVMSD, and are therefore regulated in a lighter way in the Commission’s proposal.
2. Country of origin and targeting on-demand services: Services provided in a given member state may be regulated in a different way depending on the country of origin of the programme, and additional rules may be adopted, according to the Commission’s proposal, in the targeted member state.
3. Internal market and services outside the EU: Service providers established in non-EU countries remain outside the regulatory reach of the AVMSD, and fall under different regulatory frameworks, as the European Convention on Transfrontier Television (ECTT) or bilateral agreements with the European Union.+
This workshop aimed to discuss the challenges set by existing and upcoming regulatory asymmetries resulting from the EU legal framework.