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On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...

On 20 October 2021, the European Parliament adopted a resolution on Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation. The Action Plan (see IRIS 2021-2/3) focuses on three areas of activity and 10 concrete actions, with the overall aim of helping the media sector recover from the crisis. This will be achieved by facilitating and broadening access to financial support, transforming by stimulating investments to embrace the twin digital and green transitions, while ensuring the sector's future resilience, and empowering European citizens and companies. In...

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted further rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. Following the entry into force of an initial series of rules designed to implement the MStV’s provisions on exemption from prior authorisation, advertising and competition (see IRIS 2021-4/12), the latest rules concern, among other things, European productions (Article...

On 21 April 2021 the Italian Parliament passed the 2019-2020 European Delegation Law (Law No. 53/2021). The European Delegation Law vests in the Executive the power to adopt, by a legislative decree, a set of provisions implementing in the Italian legal system the directives that Italy is bound to transpose according to the EU Treaties. When providing for such delegation of powers the law also establishes the criteria and principles that the national norms, to be adopted by the Executive branch, shall comply with. Article 3 of the 2019-2020 European Delegation Law provides the criteria and...

Greece has transposed the Audiovisual Media Services Directive (AVMSD) in part A of Law 4779/2021. In the interest of promoting European works, on-demand media service providers shall ensure at least a 30% share of European works in their catalogues (Article 13, paragraph 1). The law does not describe  the concrete means of ensuring the prominence of European works in their catalogues. Financial obligations are imposed on all media service providers established in Greece (Article 8 of Law 3905/2010 (Official Gazette A 219)), but only on non-linear media service providers targeting Greece (Article...