
The Audiovisual Media Services Directive (the successor of the Television Without Frontiers’ Directive of 1989) was last amended in 2018 to adapt to the changes in the audiovisual sector. It provided new obligations to promote European works for on-demand services, in addition to the existing obligations of broadcasters. Art 13 on one hand requested Member States to ensure that on-demand media service providers under their jurisdiction secure at least a 30% share of European works in their catalogues and ensure prominence of those works and on the other hand that Member States may require media service providers under their jurisdiction to contribute financially to the production of European works.
Due to Covid, the implementation of the 2018 revised AVMS Directive was only completed at the end of December 2022. Each country reviewed its regulatory framework to tackle challenges raised by the accelerated consumption of audiovisual works online and the exponential rise of global streaming companies in the European market: the tools provided by the AVMS Directive played a crucial role in many Member States to design and update their policies according to their cultural ambitions and the specificities of their audiovisual ecosystems.
However, these policies are often challenged by global media players, as well as the relevance of such a sectoral directive at a time of convergence of the digital single market. It is therefore crucial to understand the pivotal role played by the AVMS Directive in encouraging Member States to set out cultural policies to promote European audiovisual creation.