Over the past years, there has been a constant increase of new types of media content, such as video-on-demand services and video-sharing platforms, so that the need for an updated legal framework on the media market has become crucial.
The revised Directive (EU) 2018/1808 (AVMSD) aims to fill regulatory gaps in the provision of those service by endorsing video-sharing platforms under its regulatory framework, so that a balance between access to online content services, consumer protection and competitiveness can be achieved.
More specifically, the AVMSD offers many new elements among which:
* A strengthened country of origin principle, with more clarity on which Member State’s rules apply, aligned derogation procedures for TV broadcasters and on-demand service providers and possibilities for derogations in the event of public security concerns and serious risks to public health.
* An extension of certain audiovisual rules to video sharing platforms and social media services.
* Reinforced protection of TV and video-on-demand against incitement to violence or hatred, and public provocation to commit terrorist offences.
* Increased obligations to promote European works for on-demand services.
* More flexibility in television advertising, allowing broadcasters to choose more freely when to show ads throughout the day.
* Independence of audiovisual regulators.
In parallel, new stricter rules are introduced for audiovisual media services, which can be outlined as follows:
* Media service providers should, from now on, make accessible information concerning their ownership structure to the competent authority.
* Implementation of technical measures, such as making advertisements identifiable and age verification or parental controls for video sharing platforms.
* Measures aiming to protect: (a) minors from programs, user-generated videos and audiovisual commercial communications which may impair their physical, mental, or moral development, (b) the general public from programs containing incitement to violence or hatred directed against a group of persons.
At national level, on 20.02.2021, by virtue of Law 4779/2021, Directive (EU) 2018/1808 amending Directive (EU) 2010/13/EU has been transposed into the Greek legislation and the Presidential Decree 109/2010 has been abolished, in view of the changing media market realities.
The local regulator, the Greek National Council for Radio and Television (NCRTV) is responsible for the supervision and the implementation of these rules set as well as the imposition of fines for any breach of Law. Moreover, all audiovisual media providers, including video sharing platform providers are now required to be registered in the National Council for Radio and Television registry.
Finally, under law 4779/2021, the conditions for companies holding a television license and the obligations for radio broadcasting companies are further regulated, aiming to form a flexible operating framework by promoting the transparency of services and the simplification of the television licensing procedure.
The editorial team