AVMSD- Jurisdiction

Jurisdiction (Article 2)

"Country of origin" principle

The authorities in each EU country must ensure all audiovisual media services originating there comply with their own national rules giving effect to the Audiovisual Media Services Directive.

This means content only needs to be checked once rather than in multiple countries - making things simpler for service providers, especially those wishing to develop new cross-border business.

If any EU country adopts national rules that are stricter than the directive (as they are free to do), these can only be applied to providers in that jurisdiction.

How is jurisdiction decided?

To avoid cases of double jurisdiction or absence of jurisdiction, each provider of media services comes under the jurisdiction of one and only one EU country for the purposes of the directive.

This will depend chiefly on where their central administration is located and where management decisions are taken on programming or selection of content.

Further (subsidiary) criteria include the location of the workforce and any satellite uplink, and the use of a country’s satellite capacity.

The system also ensures that broadcasters who have an impact on EU audiences are covered by the directive even when they are not established in the EU. EU authorities can exercise power via up-links located on their territory or the use of satellite capacity.

Links

European Audiovisual Observatory – MAVISE – to find out about a provider's jurisdiction

Article 2 AVMSD – jurisdiction criteria

Article 2
1. Each Member State shall ensure that all audiovisual media services transmitted by media service providers under its jurisdiction comply with the rules of the system of law applicable to audiovisual media services intended for the public in that Member State.

2. For the purposes of this Directive, the media service providers under the jurisdiction of a Member State are any of the following:
(a) those established in that Member State in accordance with paragraph 3;
(b) those to whom paragraph 4 applies.

3. For the purposes of this Directive, a media service provider shall be deemed to be established in a Member State in the following cases:
(a) the media service provider has its head office in that Member State and the editorial decisions about the audiovisual media service are taken in that Member State;
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates.
If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office.
If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;
(c) if a media service provider has its head office in a Member State but decisions on the audiovisual media service are taken in a third country, or vice versa, it shall be deemed to be established in the Member State concerned, provided that a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in that Member State.

4. Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases:
(a) they use a satellite up-link situated in that Member State;
(b) although they do not use a satellite up-link situated in that Member State, they use satellite capacity appertaining to that Member State.

5. If the question as to which Member State has jurisdiction cannot be determined in accordance with paragraphs 3 and 4, the competent Member State shall be that in which the media service provider is established within the meaning of Articles 49 to 55 of the Treaty on the Functioning of the European Union.

6. This Directive does not apply to audiovisual media services intended exclusively for reception in third countries and which are not received with standard consumer equipment directly or indirectly by the public in one or more Member States.