What is the AVMSD?
The Audiovisual Media Services Directive (AVMSD) is the European Union’s legal framework that coordinates national legislation relating to television broadcasting (e.g. STVR), on-demand services (VoD) (e.g. Voyo.sk), and video-sharing platforms (VSP) (e.g. Youtube).
The directive has its roots in 1989, when it primarily focused on linear television broadcasting. Due to rapid technological change, new business models, and shifting audience behaviour, it has been revised several times. The most recent revision in 2018 extended its scope to include VSP and further aligned the rules for linear services and VoD, but also the clarification of the regulation of so-called vloggers as audiovisual media services.
The AVMSD introduces minimum harmonisation, meaning it sets common baseline rules for all EU Member States, while still allowing them to adopt stricter measures according to their national needs. In Slovakia, the directive was transposed into the Act on Media Services.
What is the aim of the AVMSD?
The directive coordinates rules in the following areas:
General principles - freedom to provide media services within the EU, technological neutrality, and the country-of-origin principle.
Rules on content - prohibition of incitement to violence or hatred based on race, sex, nationality, religion, or other grounds, and prohibition of public provocation to commit a terrorist offence.
Protection of minors - obligation for providers to protect children from content that may impair their development, with additional obligations for VSPs (e.g. protective measures, reporting mechanisms).
Video-sharing platforms (VSPs) - operators must take appropriate measures to protect minors from harmful content and to limit the dissemination of content inciting violence, hatred, or terrorism.
Accessibility - Member States must encourage the progressive accessibility of services for persons with visual or hearing disabilities.
Jurisdiction - clear rules on which Member State is responsible for supervising a given service provider.
Events of major importance for society - Member States may designate major sporting or cultural events that must remain easily accessible to the public.
Promotion of European works - broadcasters and VoD services must reserve a certain share of their programming or catalogues for European works and support domestic production.
Audiovisual commercial communications - clear rules on how advertising may be broadcast and labelled. Stricter requirements apply to VSPs (e.g. clear labelling of sponsored content, product placement, and influencer advertising).
Vloggers and online content creators - if their activity is organized and systematic in nature, they fall under the rules of the AVMSD similarly to traditional audiovisual media service providers. They must comply with obligations concerning the labeling of advertising, sponsored content, product placement, and the protection of minors.
Independence of national regulatory authorities - they must be legally distinct and functionally independent from government or other public or private bodies, and must act impartially and transparently.
Development of the AVMSD
1989 - Television without Frontiers Directive (TVWF): The first legal framework for television broadcasting in the EU.
1997 - Revision of TVWF
2007 - Revision of TVWF: Extended the directive’s scope to VoD, laying the groundwork for the transition from a purely television-based framework to a broader audiovisual environment.
2010 - Audiovisual Media Services Directive: The original “Television without Frontiers” was transformed into the AVMSD.
2018 - Revision of AVMSD: Extended the scope to VSP, introduced stricter rules for the protection of minors and the prohibition of hate speech, and set new obligations for accessibility and the promotion of European works.
2026 - Planned ex-post evaluation of the AVMSD: The European Commission will assess the effectiveness of the directive and consider further changes in the fast-evolving digital environment.