Audiovisual Media Services Directive

The independence of media regulatory authorities ‘on the books’ and ‘on the ground’

Handbook of Media and Communication Governance, Edward Elgar Publishing, 2024, Cheltenham, UK

Abstract

Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.

Bibtex

Chapter{nokey,
	title = {The independence of media regulatory authorities ‘on the books’ and ‘on the ground’},
	author = {Irion, K.},
	doi = {https://doi.org/10.4337/9781800887206.00019},
	year = {2024},
	date = {2024-07-29},
	abstract = {Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.},
	keywords = {Audiovisual Media Services Directive, Council of Europe, European regulation, Independent Regulatory Authorities, media governance},
}

European audiovisual media policy in the age of global video on demand services: A case study of Netflix in the Netherlands external link

Idiz, D. R, Irion, K., Ebbers, J. & Vliegenthart, R.

Journal of Digital Media & Policy, vol. 12, num: 3, pp: 425-449, 2022

Abstract

This article considers the provisions in the European Union’s revised Audiovisual Media Services Directive concerning video on demand (VOD) services and the effectiveness of supply-side cultural diversity regulations in achieving their purported policy goals of increased production and consumption of European works. Because the Netherlands is the ‘country of origin’ to several multinational VOD services, including Netflix, we conducted a case study of this specific national context. We examine the quota for and prominence of European works, as well as different forms of financial obligations. We find that the former two policy tools may require new strategies to effectively reach their objectives in a nonlinear context. Our evidence also indicates that the latter remains controversial in the domestic audiovisual industry, as stakeholder positions are dependent on the type(s) of production stimulated. Based on this, we argue that securing the independence of producers and ensuring VOD services are transparent with respect to performance data are essential to promoting source diversity and a sustainable value chain.

Links

Audiovisual Media Services Directive, cultural diversity, frontpage, Media policy, Netflix, nonlinear television, prominence, quota, video on demand regulation

Bibtex

Article{Irion2021e,
	title = {European audiovisual media policy in the age of global video on demand services: A case study of Netflix in the Netherlands},
	author = {Idiz, D. R and Irion, K. and Ebbers, J. and Vliegenthart, R.},
	url = {https://doi.org/10.1386/jdmp_00070_1https://www.ivir.nl/idiz-irion-vliegenhard-ebbers-2021-jdmp-2/},
	doi = {https://doi.org/10.1386/jdmp_00070_1},
	year = {0125},
	date = {2022-01-25},
	journal = {Journal of Digital Media & Policy},
	volume = {12},
	number = {3},
	pages = {425-449},
	abstract = {This article considers the provisions in the European Union’s revised Audiovisual Media Services Directive concerning video on demand (VOD) services and the effectiveness of supply-side cultural diversity regulations in achieving their purported policy goals of increased production and consumption of European works. Because the Netherlands is the ‘country of origin’ to several multinational VOD services, including Netflix, we conducted a case study of this specific national context. We examine the quota for and prominence of European works, as well as different forms of financial obligations. We find that the former two policy tools may require new strategies to effectively reach their objectives in a nonlinear context. Our evidence also indicates that the latter remains controversial in the domestic audiovisual industry, as stakeholder positions are dependent on the type(s) of production stimulated. Based on this, we argue that securing the independence of producers and ensuring VOD services are transparent with respect to performance data are essential to promoting source diversity and a sustainable value chain.},
	keywords = {Audiovisual Media Services Directive, cultural diversity, frontpage, Media policy, Netflix, nonlinear television, prominence, quota, video on demand regulation},
}