1. A regulator’s view of the new AVMSD: protection of minors and scope Jeremy Olivier 26 September 2016 Public hearing on The Audiovisual Media Services (AVMS) Directive review

2. 1 Main points The scope of the Directive with a revised definition for “AVMS” Harmonisation of protection of minors provisions for all AVMS - broadcast TV and VoD Harmonisation of protection of minors provisions for AVMS and VSP (EC Rapporteurs’ draft report) Editorial decisions and automated/technical tools

3. 2 Changes to the definition of AVMS: the deleted “TV-like” criterion AVMS are comprised of “programmes” ‘programme’ means…an individual item…the form and content of which are comparable to the form and content of television broadcasting Article 2

4. 3 The important text from (old) Recital 21 …the definition of an audiovisual media service should cover only services: …which are mass media, that is, which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public” And “…should not cover activities which are primarily non-economic”

5. Protection of minors in the current AVMS 4 Type of Service Moderately Strong Content: “…likely to impair…” Very Strong Content: “…might seriously impair…” Broadcast AVMS Only if made available in a way which “ensures that minors will not normally hear or see…” On-demand AVMS Permitted without restrictions Only if made available in a way which “ensures that minors will not normally hear or see…”

6. 5 One rule for AVMS and VSPs (EC Rapporteurs draft report) Member States shall ensure that media service providers and video- sharing platform providers under their jurisdiction take appropriate measures to… …(b)protect minors from programmes or user-generated videos which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. Such measures may include selecting the time of their availability, age verification tools or other technical measures… … Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content.

7. 6 The Net Neutrality Regulation “This Regulation aims to …guarantee the continued functioning of the internet ecosystem as an engine of innovation...” and proposes “…common rules at the Union level to ensure the openness of the internet…”

8. VSPs as gatekeepers 7 EU citizens might only be able to share their videos on the internet after a host/VSP has checked their editorial characteristics

9. Two editorial viewpoints 8 1. Naked child image2. Iconic war photojournalism image