Publication: November 2022
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Authors: Mark D. COLE, Christina ETTELDORF


The AVMSD should be reinforced as centrepiece of audiovisual content regulation on EU level. Deficiencies within the AVMSD and overlapping with other legal acts need to be addressed such as balancing the country-of-origin principle with necessary exceptions.

The current state of implementation with late transpositions hinders final conclusions regarding the innovative new rules. Nevetheless, focus of the monitoring of the new AVMSD application should be on the assessment of measures taken by video-sharing platform providers.

European works promotion obligations need careful analysis before being able to discuss possible future adjustments, based on the actual impact the provisions have on the audiovisual market.

Institutional structures with national authorities operating independently of market and political powers and cooperating efficiently on European level in an equally independent manner need to be safeguarded for an effective, fundamental rights observant oversight.

Reactions to providers under control of third countries, as with the measures under AVMSD and the economic sanctions package against Russian operators, show the importance of being able to rely on media law based and robust response schemes in the future.

In order to improve coherence and consistency of the regulatory framework, discussion on proposed legal acts, namely the European Media Freedom Act should be seen in the context of implementation analysis of the current AVMSD to be done by the European Parliament.


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