EU Media Regulation at the crossroads? Key priorities for platforms to look out for

The media consumption landscape is rapidly evolving. Viewers now use a broader array of digital devices and services to access a wider range of media content, along with an increasing preference for on-demand streaming over live TV.

These evolving viewing habits have significant implications for media policy. As the European Commission prepares to initiate a review of the prevailing EU regulation in this area – the Audiovisual Media Services Directive (‘AVMSD’) – policymakers will be carefully considering these changes to ensure the AVMSD remains relevant and effective in the current environment.

A number of digital platforms, such as social media services that enable sharing of audiovisual content (defined as Video Sharing Platforms (‘VSPs’) in the regulation), were brought within scope of the AVMSD as part of the last review in 2018. This meant, for example, that Member States had to transpose the AVMSD to ensure that VSPs adopt measures to protect minors from harmful content. However, the nature and extent of VSP obligations are now likely to be a central part of the forthcoming review, especially given concerns about a fragmented EU approach.

Now that the Digital Services Act (‘DSA’) is in place, there is an even stronger interdependency between digital regulation and audiovisual media regulation (one obvious example being the protection of minors). This means the AVMSD review will be particularly relevant to many Very Large Online Platforms (‘VLOPs’) and Very Large Online Search Engines (‘VLOSEs’) now regulated under the DSA.

This therefore begs the question; what issues should these companies have on their radar?

What issues are likely to be priorities under the forthcoming review of EU media regulation?

In May, the European Council, which represents the highest level of political cooperation between EU countries, identified its priorities for the audiovisual media sector ahead of this review. The Council highlighted the urgent need for EU-wide rules that reflect the rapidly evolving audiovisual media landscape, including the rise of influencers, the spread of disinformation, and the scope of VSP obligations under the regulation.

In our view, the following topics are likely to be priorities as part of the forthcoming review, relevant to obligations of digital platforms now regulated under the DSA:

• Prominence obligations: Consideration will be given to a potential expansion of prominence measures by VSPs in relation to public service content, to ensure this content is adequately visible and discoverable by viewers.
• Responsibility for editorial compliance: VSPs do not currently have editorial responsibility for content accessible on their services under the AVMSD, a position that will likely be evaluated, particularly in relation to where responsibilities between platforms and influencers lie.
• Protection of Minors: Consideration of whether existing child protection rules in the AVMSD are still fit for purpose, as well as ensuring coherence between the AVMSD and DSA in this area.
• Advertising: Examination of the commercial relationship between platforms and ‘traditional’ media and whether intervention may be required to ensure a ‘level playing field’ that allows the latter to sufficiently monetise their content on platforms.

Conclusion

This is a fast-moving area, highlighting in very clear terms the increasing convergence between ‘digital’ and ‘audiovisual media services’ regulation.

With the Commission’s review only set to conclude by 19 December 2026, nothing has been confirmed yet.

That said, implementation of the UK Media Act may already provide some useful insights. Editorial compliance responsibilities, previously something that only ‘traditional’ broadcasters were subject to, are being extended to certain streaming services. Prominence obligations, previously applied to Electronic Programme Guides, are being applied to certain Connected TV platforms. This shift raises a number of strategic, commercial, technical and governance considerations for the platforms concerned. Please see our recent blog Media regulation in the era of Generation Alpha, where we set out in more detail the strategic and operational implications for firms, in the context of UK Media Act implementation.

Deloitte’s multi-disciplinary Digital Regulation team is comprised of a range of experts, including with direct regulatory experience in resolving complaints relevant to editorial compliance and prominence. For expert guidance and support in navigating the new media regulatory landscape, please reach out to one of the contacts listed below.