Media Board Opinion pursuant to Art. 4.4 AVMSD

The European Board for Media Services ("Media Board") welcomes the recent decision of the European Commission concerning the incompatibility with EU law of the intended measures by the Hungarian National Media and Infocommunications Authority (“NMHH”). This decision regards services provided by CLT-UFA SA, a media service provider based in Luxembourg.

The case concerns Article 4 of the AVMSD, specifically the “anti-circumvention” procedure. The article allows Member States that have adopted stricter rules in the fields coordinated by this Directive to adopt measures, under strict conditions, against audiovisual media service providers under the jurisdiction of another Member State. The request in question referred to alleged multiple violations of the principles of protection of minors and human dignity, and to the intention to impose measures – including a financial penalty – against the media service provider.

On 9 January 2026, the NMHH notified a request to the Commission of its intention to formally initiate measures against CLT-UFA SA, as per Article 4 of the AVMSD. Article 4(5) provides that the Commission shall take a decision on whether the measures intended to be taken by the NMHH against CLT-UFA SA are compatible with Union law.

Ad hoc expert group

To support taking its decision, the Commission issued a request to the Media Board on 6 February 2026 to produce an opinion on this matter in accordance with Article 4(4)(c) of the AVMSD and Article 13(1)(c) of EMFA. As an independent advisory body composed of representatives from national regulatory authorities of the media and audiovisual sectors, the Board enables the consistent implementation of the AVMSD, including by providing the European Commission with professional and evidence-based advice on key regulatory issues.

Upon receipt of this request, an ad hoc expert group was set up, composed of national experts, who subsequently drafted the opinion in line with the Media Board’s Rules of Procedure. Following a detailed assessment of the case, on 18 March 2026 the Media Board adopted its opinion. The findings of the Board were as follows:

• The relevant services (RTL Kettő and RTL+) are wholly or at least mostly directed towards the Member State in question (Hungary).

• Since no stricter rules in the fields coordinated by the Directive that were susceptible of being circumvented had been established, it was not necessary to further investigate evidence of establishment in order to circumvent the allegedly stricter rules.

   

Not substantiated
Therefore, according to the Media Board, in view of the technical and factual issues of the case at hand, the request of Hungary to adopt anti-circumvention measures was not substantiated and their actions did not satisfy the conditions set out in Article 4 of the AVMSD.

Amma Asante, chair of the Media Board, stated: "As an independent body that supports and advises the Commission on media-related matters, we are always prepared to assist when required, including as regards the technical and factual issues which arise with regards to the AVMSD. We welcome the decision of the Commission in this case and note that the findings align with those in our final opinion submitted to the Commission on 18 March."

The full opinion of the Media Board can be read here and the decision of the European Commission can be read here.