LexGo

Law on electronic media amended to meet today's audiovisual needs
09/03/2021

Law of 26 February 2021 amending the law of 27 July 1991 on electronic media and implementing Directive (EU) 2018/1808 (the "Audiovisual Media Services Directive")

The law of 26 February 2021 amending the law of 27 July 1991 on electronic media (the “Electronic Media Law”) and implementing the Audiovisual Media Services Directive was adopted on 26 February 2021 to implement (faithfully) the so-called Audiovisual Media Services Directive.

This directive, based on seven pillars (as described below), modernises the law of 27 July 1991 on electronic media to reflect technological developments and the evolution of uses in the area of audiovisual media services.

In its initial version, the law of 27 July 1991 on electronic media aimed to regulate television broadcasting activities. The law was innovative at that time; however, important developments over the last decade in audiovisual media offerings such as social networks, video-on-demand and video-sharing platform providers created the need for modernisation of this outdated framework.

As mentioned above, the Audiovisual Media Services Directive identifies seven focus areas:

1. Extension of the scope of the framework currently in place (applicable to television media providers) to video-sharing platform services as well as audiovisual content shared on certain social media services,

2. Modification of the criteria for determining the legal jurisdiction of the country of origin of an audiovisual media service provider by requiring EU Member States to maintain up-to-date lists of providers that fall under their jurisdiction,

3. Better protection of children against programmes that could harm their physical, mental or moral development by requiring video-sharing platforms to implement special measures to protect minors against inappropriate content,

4. Fighting against hate speech more effectively (protection of minors and prohibition of incitement to violence, hatred and terrorism),

5. Making the rules that apply to the timing of advertisement broadcasting by “traditional” television broadcasters more flexible and introducing additional requirements for sponsorship and product placement in audiovisual programmes,

6. Strengthening the promotion of audiovisual production in European countries by imposing an obligation on on-demand audiovisual media service providers to display at least 30% European programmes, and

7. Broadening the powers of national regulatory authorities and strengthening their autonomy.

The Electronic Media Law also designates the Autorité luxembourgeoise indépendante de l’audiovisuel (the Luxembourg independent audiovisual authority) as the competent authority for the purpose of any media services-related claims, and notably puts it in charge of controlling the video-sharing platforms’ implementation of the new measures it imposes on such platforms.

The law thus reflects an increased willingness by the European and Luxembourgish legislators to adapt law to technological developments and to regulate the internet in order to no longer allow traditional audiovisual media alone to bear the burden of constraining rules where competitors acting on the internet offer the same services.

Zie ook : Arendt ( Mrs. Sophie Wagner-Chartier ,  Mrs. Astrid Wagner ,  Mrs. Faustine Cachera ,  Mrs. Elo├»se Patocki-Tomas )

[+ http://www.arendt.com]

Mrs. Sophie Wagner-Chartier Mrs. Sophie Wagner-Chartier
Partner
[email protected]
Mrs. Astrid Wagner Mrs. Astrid Wagner
Partner
[email protected]
Mrs. Faustine Cachera Mrs. Faustine Cachera
Senior Associate
[email protected]
Mrs. Eloïse Patocki-Tomas Mrs. Eloïse Patocki-Tomas
Senior Associate
[email protected]

Alle artikels Mediarecht

Laatste artikels Mediarecht

Regulatory changes in the audiovisual media sector
16/04/2021

The Act of 26 February 2021 and certain grand ducal regulations have transposed into Luxembourg law the Audiovisual Media ...

Read more

Brexit and broadcasting: Luxembourg as the ideal gateway to provide audiovisual media services th...
23/01/2019

Since the UK Parliament has rejected the Withdrawal Agreement between the EU and the UK on 15 January 2019, a so-called &q...

Read more

EU Data Protection Regulators Issue Opinion on New Challenges to Privacy at Work
18/07/2017

Your employer is watching you! Based on this motto and given the increasing use of new technologies by employers, the Arti...

Read more

What Happened In 2016 / What To Expect In 2017?
02/02/2017

2016 was a year full of developments in the IP, IT and Media fields. The beginning of this New Year gives us the opportuni...

Read more

Laatste artikels van Mrs. Sophie Wagner-Chartier

Digital services act package
22/12/2020

On 15 December 2020, the European Commission published a long-awaited set of rules intended to reform the online space, in...

Read more

Publication of the first draft bill (ÔÇťavant-projet n┬░7184ÔÇŁ) complementing the European Gener...
06/10/2017

The first draft bill complementing the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April ...

Read more

Societal impact company
19/12/2016

The law of 12 December 2016 (the “Law”) has introduced a new legal framework for companies having a social or ...

Read more

Laatste artikels van Mrs. Astrid Wagner

Online intermediation services: new law for implementing the Platform-to-Business Regulation
18/03/2021

Entry into force of the law of 5 March 2021 on certain rules for the implementation of Regulation (EU) No 2019/1150 of the...

Read more

Digital services act package
22/12/2020

On 15 December 2020, the European Commission published a long-awaited set of rules intended to reform the online space, in...

Read more

Is electronic signature permitted for deal or fund closings (since paper signings are currently i...
30/03/2020

In Luxembourg, the rules on electronic signature and electronic agreements stem from the eIDAS Regulation 910/2014 (the &l...

Read more

Societal impact company
19/12/2016

The law of 12 December 2016 (the “Law”) has introduced a new legal framework for companies having a social or ...

Read more

Laatste artikels van Mrs. Faustine Cachera

Digital services act package
22/12/2020

On 15 December 2020, the European Commission published a long-awaited set of rules intended to reform the online space, in...

Read more

Laatste artikels van Mrs. Eloïse Patocki-Tomas

Digital services act package
22/12/2020

On 15 December 2020, the European Commission published a long-awaited set of rules intended to reform the online space, in...

Read more

LexGO Network