Editorial 2020-02

IRIS 2020-2:1/1

Francisco Javier Cabrera Blázquez

European Audiovisual Observatory

In 1927, the Austrian writer Stefan Zweig published Sternstunden der Menschheit, a book that tells the story of twelve major historical events in which, in the words of the author, "everything is condensed into a single moment that determines everything and decides everything." In its almost thirty years of existence, the European Audiovisual Observatory has been a privileged witness to the evolution of the European audiovisual sector and has therefore experienced first-hand some of these "determining" moments for the sector, in particular the advent of the Internet, VOD, social networks and the multiplication of portable screens.

The recent reform of the Audiovisual Media Services Directive (AVMSD) was a response to some of the regulatory challenges raised by those “determining” moments. Now the time has come for legislators and regulators to roll up their sleeves and work on its transposition into national law.

Germany and France seem to be the forerunners in the race to transpose the AVMSD. On 5 December 2019, the Ministerpräsidentenkonferenz (Conference of Minister-Presidents) of the Bundesländer agreed a draft inter-state agreement to modernise media regulation in Germany. These new regulations, which replace the Inter-State Broadcasting Agreement, are designed to ensure that the legislative framework takes into account media digitalisation, in particular platforms and streaming services. After the parliaments of the German Länder give their approval, the new rules will enter into force in September 2020. France is also discussing a wide-ranging new draft law on audiovisual communication and cultural sovereignty in the digital age which is expected to be examined by parliament from spring onwards.

While legislation on the AVMSD is being amended, the courts of justice continue to apply and interpret applicable law in this and other sectors. For example, we report on the Turkish Constitutional Court's judgment concerning the blocking of Wikipedia and on the opinion of the Advocate General of the CJEU concerning Data Protection Commissioner v. Facebook Ireland Limited (Schrems II), which concerns the use of standard contractual clauses to transfer and process personal data outside of the European Union.

You will find all this and much more in our electronic pages.

Enjoy your read!

 

Maja Cappello, editor

European Audiovisual Observatory