The Media Board presents its suggestions for a revision of the AVMSD

The European Media Board (Media Board) has submitted its contribution to the European Commission’s consultation on the evaluation and its planned review of the Audiovisual Media Services Directive (AVMSD), stressing the need for a revision. In light of the profound transformation of the audiovisual ecosystem, the Media Board considers that the regulatory framework must keep pace in order to continue protecting citizens, media pluralism, cultural diversity and fair competition across the European Union.

Building on its longstanding expertise (see Media Board’s contribution to the AVMSD ex-post evaluation and review), the Media Board puts forward a series of measures to ensure that the regulatory framework remains fit for purpose and capable of addressing current and emerging challenges. The submission focuses notably on the need of future-proof definitions (including assessing them due to the rise of the hybrid services), the inclusion of content creators, audio services such as podcasts and user interfaces within the scope of the legal instrument, the adaptation of audiovisual commercial communication rules to new market realities, the strengthening of the prominence of services of general interest and promotion of European works, and the need to ensure complementarity between the AVMSD and other EU legislations, in particular, the Digital Services Act (DSA).

Integrating content creators and audio services in the regulatory framework

Content creators and audio services such as podcasts have become integral parts of today’s media ecosystem. Yet while many Member States already regulate these actors at national level, the absence of a harmonised European framework creates legal uncertainty and enforcement challenges, particularly in cross-border situations.

The Media Board therefore recommends to explicitly include content creators, future emerging audiovisual content services (including assessing the existing definitions to reflect the rise of hybrid services combining different types of services and/or content) and user interfaces within the scope of the AVMSD and developing a common EU framework based on key principles such as editorial responsibility, transparency and consumer protection. 

Particular attention should be paid to stronger safeguards for protections of minors, greater transparency in advertising and effective protection against harmful content regarding, providing citizens with a more consistent level of protection across the EU.  

Other actors should also be covered such as audio-only services, notably podcasts and radio services, in a targeted way and subject to the results of an impact assessment to evaluate the legal, regulatory and market implications of such a change, and taking into account the specificities of the sector.

Strengthening prominence of services of general interest

Although Article 7a has proven broadly effective, practical implementation and enforcement remain challenging, especially across borders and on different user interfaces. At the same time, services of general interest are often difficult to find in increasingly platform-driven and algorithmically curated environments.  

To address this, the Board calls for stronger EU-level harmonisation of prominence requirements, clearer guidance, and a common approach to defining services of general interest, combined with measures to improve their online visibility, including in recommender systems and emerging AI-driven interfaces. This would help ensure a level playing field with platform operators and other content distributors. This should be without prejudice to Article 7a which should remain non-mandatory and the Member States free to decide whether they wish to introduce a services of general interest scheme.

Updating audiovisual commercial communication rules

The Media Board considers that the AVMSD rules governing audiovisual commercial communications remain relevant but require adaptation to reflect evolving advertising practices and market developments.

Among the proposed measures are extending advertising obligations to video-sharing platforms and on-demand services, helping to create a more level playing field across the sector. Strengthening protections against harmful commercial communications, particularly those related to financial scams, food supplements, surgical and aesthetic procedures should also be in the top of the priorities of the revised directive. 

The Media Board also advises to extend the restrictions on alcohol advertising and enhancing protections for minors across all relevant media services, including VSPs. 

Strengthening the promotion of European works

The Media Board reiterates the importance of European works obligations in supporting cultural diversity, media pluralism and the visibility of independent productions within the EU audiovisual landscape. The current quotas for European works on on-demand services and broadcasters have proven effectiveness. National financial contribution schemes continue to play a crucial role in supporting European productions, including works in minority languages, and prominence obligations remain essential in increasingly fragmented catalogues and digital environments. 

At the same time, the Media Board calls for further reflection on the definition of ‘European works’, ensuring it remains relevant, including for the creative and audiovisual sector.

In addition, the Media Board supports the centralisation of data on European works through the European Audiovisual Observatory’s database and stresses preserving Member States flexibility to establish national, regional or independent production sub-quotas.

Amma Asante, Chair of the Media Board: ‘The Media Board hopes that its advice will contribute constructively to the ongoing reflections on the future of the AVMSD and help shape a modern, coherent and future-proof regulatory framework for Europe’s media landscape. The Media Board remains fully committed to supporting the European Commission throughout this essential evaluation and planned review process, which is of key importance for the future of media regulation in Europe.’