Audiovisual on-demand media services covered by Directive 2010/13/EU as amended by Directive (EU)2018/1808

Media Service Code and Media Service Rules – Audiovisual On-demand Media Service Providers

Coimisiún na Meán proposes to adopt the Media Service Code and Media Service Rules for AudiovisualOn-Demand Media Services (the “Media Service Code & Rules”). This will give effect to the relevant Articlesrelating to audiovisual on-demand media services under the AVMSD Directive.

Sections 1 to 9 of the Draft Media Service Code & Rules contain introductory provisions. These provisionsconfirm that the Code & Rules apply only to audiovisual on-demand media service providers under thejurisdiction of the State, detail the relevant regulatory principles applying to the Code & Rules, as well asproviding other relevant context to the regulations. Information on the compliance and enforcement frameworkfor the Code & Rules is also included.
Section 10 of the Draft Media Service Codes and Rules is titled “Harmful Content” and gives effect to Article 6and Article 6a(1) – (3) of the AVMS Directive. This section outlines the responsibilities of audiovisual on-demand media service providers to prevent the distribution of harmful content on the services they provide tothe public.
Section 11 of the Draft Media Service Codes and Rules is titled “Right to Cinematographic Works” and giveseffect to Article 8 of the AVMS Directive. This section provides that audiovisual on-demand media serviceproviders shall not transmit cinematographic works outside periods agreed with the rights holders.
Section 12 of the Draft Media Service Codes and Rules is titled “Audiovisual Commercial Communications”and gives effect to Article 9 of the AVMS Directive. This section provides for the requirements of audiovisualon-demand media service providers to ensure that the interests of audiences are protected from harmfulcommercial communications.
Section 13 of the Draft Media Service Codes and Rules is titled “Sponsorship” and gives effect to Article 10 ofthe AVMS Directive. This section provides for the restriction and transparency requirements of audiovisual on-demand media service providers in respect of sponsored content on their catalogue.
Section 14 of the Draft Media Service Codes and Rules is titled “Product Placement” and gives effect to Article11 of the AVMS Directive. This section details the regulation for product placement for audiovisual on-demandmedia service providers, including the prohibition of product placement for tobacco products and prescription-only medicines.
Section 15 of the Draft Media Service Codes and Rules addresses the obligations of audiovisual on-demandmedia service providers relating to the accessibility of their services, giving effect to Article 7 of the AVMSDirective. These include that audiovisual on-demand media service providers must take proportionatemeasures to ensure that their programmes are made accessible to persons with disabilities. The Code & Rulesincludes a final section titled “Guidance” which lists the relevant factors to be considered in determining theappropriate proportionate measures to be taken with respect to Section 15. This is non-binding guidance.