The EU Audiovisual Media Services Directive (AVMSD) was adopted in November 2018, aiming to better reflect the digital age and create a more level playing field between traditional television and newer on-demand and video-sharing services.
The Directive encompasses a series of duties of so-called video sharing platforms (VSPs) concerning the prevention and moderation of content that constitutes hate speech and child pornography, affects children’s physical and mental development, violates obligations in the area of commercial communications, or can be considered as terrorist. National authorities (mainly independent media regulatory bodies) are given the responsibility of verifying that VSPs have adopted “appropriate measures” to properly deal with the types of content mentioned above (alongside other undesirable content). This includes the guarantee that platforms properly revise and enforce their ToS; have appropriate flagging, reporting, and declaring functionalities; implement age verification or rating and control systems; establish and operate transparent, easy-to-use and effective procedures to resolve users’ complaints; and provide media literacy tools.
The application of the principle of country of origin, as also established in the Directive, will concentrate the responsibility for regulation of the most important video sharing platforms in the hands of Irish authorities.