European UnionAudiovisual Media Services Directive (AVMSD), Articles 6a and 28b
Directive 2010/13/EU, as amended by Directive (EU) 2018/1808, Articles 6a and 28b
In force since .
An adult content age verification (AV) rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Audit expectation
- none
What it requires
- This Directive binds member states, which must ensure that audiovisual media service providers and video sharing platform providers under their jurisdiction meet the duties below; they reach you through the national law that transposed it (transposition was due by ).
- Take appropriate measures, such as age verification tools, parental controls and restricted broadcast times, so that content that may impair minors' physical, mental or moral development is not normally seen or heard by them; the strictest measures apply to the most harmful content, such as gratuitous violence and pornography.no control in the NIST Privacy Framework
- Do not process minors' personal data that you collected or generated through the protection measures above (for a video sharing platform, its age verification and parental control systems) for commercial purposes such as direct marketing, profiling or behaviourally targeted advertising.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text. Also read by: Joined Cases C-188/24 and C-190/24 WebGroup Czech Republic and NKL Associates and Coyote System, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
National audiovisual and media regulators designated by each member state
Litigation
- Court
- Court of Justice of the European Union
- Docket
- Joined Cases C-188/24 WebGroup Czech Republic and NKL Associates and C-190/24 Coyote System
- Posture
- Judgment of on references from the French Conseil d'État: Article 3 of the e-Commerce Directive precludes a member state from applying a general and abstract criminal-law obligation, intended to prevent access by minors to pornographic content, to providers established in other member states; it does not preclude, subject to the conditions of Article 3(4) and without prejudice to Article 3(5), measures requiring providers of a given service established in other member states to establish a system for verifying the age of users of pornographic sites where those providers have not taken the appropriate measures referred to in Article 28b of the Audiovisual Media Services Directive.
Settledness
Under Article 30(1), each Member State designates the national regulatory authorities that enforce the Directive, so guidance construing Articles 6a and 28b is issued by each Member State's regulator and sits in the national files.
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62024CJ0188
- Case citation
- Joined Cases C-188/24 and C-190/24 WebGroup Czech Republic and NKL Associates and Coyote System, judgment of (Grand Chamber)
- Open questions
- Which of the measures listed in Article 28b(3) must a video-sharing platform provider take before it can be said to have 'taken the appropriate measures referred to in Article 28b', the test on which Joined Cases C-188/24 and C-190/24 let a Member State require an age verification system of a provider established in another Member State?
- Does a site that offers pornographic videos under its own editorial responsibility fall under Article 6a, which binds media service providers, rather than Article 28b, given that Article 1(1), point (aa), defines a video-sharing platform service by the absence of the provider's editorial responsibility for the content?
What it reaches
Age threshold
18
Covered services
Audiovisual media service providers and video sharing platform providers under a member state's jurisdiction.
How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Age verification, Design code, Prohibition
What it makes you log
Logging duty
Articles 6a and 28b require age verification and other protective measures, reporting and complaint systems, and bar commercial use of minors' data collected for them; they state no duty to create or keep a log or record. Article 28b(5) asks Member States to assess the measures through national regulators and sets no duty on providers to keep records for it.
- Kind
- None
- As of
Also on the record
EEA status
- Annex
- XI.V
- Status
- Incorporated
- Force date
- Joint committee decision number
- 337/2022
- Source link
- https://www.efta.int/eea-lex/32018l1808
- Decision date
What this law does
Requires member states to ensure audiovisual media services and video sharing platforms take appropriate measures, such as age verification tools, parental controls, and restricted broadcast times, so that content that may impair minors' physical, mental, or moral development is not normally seen or heard by them, with the strictest measures required for the most harmful content such as gratuitous violence and pornography.
Also bars using minors' personal data that media service providers or video sharing platforms collect or generate through those protection measures (for a video sharing platform, its age verification and parental control systems) for commercial purposes such as direct marketing, profiling and behaviourally targeted advertising.
Member states had to transpose the 2018 amendments by ; specific national enforcement actions are recorded in each jurisdiction's own file rather than here.
When LexLint raises it
When your app profile says your app publishes adult content.
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