LuxembourgAmended Law of 27 July 1991 on electronic media, Article 27quater, accessibility of audiovisual media services
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are a provider of audiovisual media services to which the Law applies, draw up an action plan for the continuous and progressive improvement of the accessibility of your services for persons with disabilities (Art. 27quater(1); implements Art. 7(1) and (3) of Directive 2010/13/EU as replaced by Directive (EU) 2018/1808).
- Present to ALIA a report on the implementation of your action plans by and then every three years (Art. 27quater(2); implements Art. 7(2) of Directive 2010/13/EU as replaced).
- Provide the public communications and announcements you make available in natural disaster situations in a manner accessible to persons with disabilities (Art. 27quater(3); implements Art. 7(5) of Directive 2010/13/EU as replaced).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Autorité luxembourgeoise indépendante de l’audiovisuel (ALIA, the Luxembourg Independent Audiovisual Authority), which Article 35(2), point c), tasks with encouraging providers of audiovisual media services to make their services more accessible to persons with disabilities
What this law does
Article 27quater(1) of the amended Law of on electronic media requires providers of audiovisual media services to draw up action plans for the continuous and progressive improvement of the accessibility of their services for persons with disabilities. Article 27quater(2) requires providers to present to the Autorité luxembourgeoise indépendante de l’audiovisuel (ALIA), by and then every three years, a report on the implementation of their action plans.
Article 27quater(3) requires public communications and announcements made available to the public in natural disaster situations to be provided in a manner accessible to persons with disabilities. Article 35(2), point c), of the Law gives ALIA the task of encouraging providers of audiovisual media services to make the services they provide continuously and progressively more accessible to persons with disabilities.
Article 35sexies(1) of the Law lets any natural or legal person, resident in Luxembourg or not, lodge a written complaint with ALIA about a failure by an audiovisual or sound media service under Luxembourg jurisdiction to comply with a provision of the Law, of a measure taken under it or of a book of specifications.
Article 35sexies(3) lists the provisions whose breach ALIA may sanction with a reprimand, a reprimand with an on-air statement or a fine of EUR 250 to EUR 25,000, and Article 27quater is not among them. Article 12 of the Loi du 26 février 2021 portant modification de la loi modifiée du 27 juillet 1991 sur les médias électroniques (Law of amending the amended Law of on electronic media) inserted Article 27quater after Article 27ter.
The Law of transposes Directive (EU) 2018/1808, as its reference line states. Article 7(1) of Directive 2010/13/EU, as replaced by Directive (EU) 2018/1808, requires Member States to ensure, without undue delay, that services provided by media service providers under their jurisdiction are made continuously and progressively more accessible to persons with disabilities through proportionate measures.
Article 7(3) of Directive 2010/13/EU, as replaced, asks Member States only to encourage media service providers to develop accessibility action plans.
When LexLint raises it
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