European UnionAudiovisual Media Services Directive (AVMSD), Article 7b (Overlay and modification of audiovisual media services)
Directive 2010/13/EU, as amended by Directive (EU) 2018/1808, Article 7b
In force since .
A linking and framing rule binding public and private bodies.
- Instrument type
- a directive or treaty
- Obligation class
- Consent
As of .
What it requires
- This Directive is addressed to the Member States (Article 4 of Directive (EU) 2018/1808), which had to bring into force the measures necessary to comply with it by (Article 2(1) of that Directive), so an app meets these rules through national implementing laws.
- Do not overlay an audiovisual media service provided by a media service provider for commercial purposes, or modify it, without that provider's explicit consent: Member States must take appropriate and proportionate measures to ensure that such services are not overlaid for commercial purposes or modified without it (Article 7b).
- An audiovisual media service is either a service within Articles 56 and 57 of the Treaty on the Functioning of the European Union whose principal purpose, or that of a dissociable section of it, is devoted to providing programmes, under the editorial responsibility of a media service provider, to the general public in order to inform, entertain or educate by means of electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC, or an audiovisual commercial communication; a media service provider is the natural or legal person who has editorial responsibility for the choice of the audiovisual content and determines the manner in which it is organized (Article 1(1)(a) and (d)).
- The exceptions are set by national law: Member States must specify the regulatory details, including exceptions, notably in relation to safeguarding the legitimate interests of users while taking into account the legitimate interests of the media service providers that originally provided the audiovisual media services (Article 7b).
What this law does
Directive (EU) 2018/1808 inserts Article 7b into Directive 2010/13/EU, the Audiovisual Media Services Directive. Directive (EU) 2018/1808 is addressed to the Member States. Article 7b requires Member States to take appropriate and proportionate measures to ensure that audiovisual media services provided by media service providers are not, without the explicit consent of those providers, overlaid for commercial purposes or modified.
Article 7b also requires Member States to specify the regulatory details, including exceptions, notably in relation to safeguarding the legitimate interests of users while taking into account the legitimate interests of the media service providers that originally provided the audiovisual media services.
Article 1(1)(a) defines an audiovisual media service as either a service within Articles 56 and 57 of the Treaty on the Functioning of the European Union whose principal purpose, or that of a dissociable section of it, is devoted to providing programmes, under the editorial responsibility of a media service provider, to the general public in order to inform, entertain or educate by means of electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC, or an audiovisual commercial communication.
Article 1(1)(d) defines a media service provider as the natural or legal person who has editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the manner in which it is organized.
Recital 26 of Directive (EU) 2018/1808 says that Member States should ensure that overlays solely initiated or authorized by the recipient of the service for private use, such as overlays resulting from services for individual communications, do not require the consent of the media service provider.
Recital 26 also says that control elements of any user interface necessary for the operation of the device or programme navigation, such as volume bars, search functions, navigation menus or lists of channels, should not be covered. Recital 26 also says that legitimate overlays, such as warning information, general public interest information, subtitles or commercial communications overlays provided by the media service provider, should not be covered.
Article 2(1) of Directive (EU) 2018/1808 requires Member States to bring into force the laws, regulations and administrative provisions necessary to comply with it by . Article 3 of Directive (EU) 2018/1808 provides that it enters into force on the twentieth day following that of its publication in the Official Journal of the European Union.
When LexLint raises it
When your app profile says your app reuses other publishers' content.