Forum of the ICT Coalition for Children Online Brussels, 14 July 2016 New proposal AVMSD and provisions on the protection of minors

Proposal for the revised AVMS Directive Adopted by the College on 25 May https://ec.europa.eu/digital-single-market/en/revision-audiovisual-media-services-directive-avmsd

Why new rules on protection of minors? To bring the Directive in line with the new realities: children watch less tv and are moving to on-line environment while AVMSD protects them more while they use TV than on-line media

New AVMSD provisions The revised Directive brings 4 main changes: imposes certain measures on platforms increases the level of protection of minors for on- demand audiovisual media services bringing alignment between TV and on-demand services simplifies the notion of content harmful to minors encourages co-regulation in the field of content descriptors

New AVMSD: TV and on – demand services The rules applicable to on-demand services will be strengthened and aligned with the rules on TV broadcasts - requirement of restricting access to any kind of "harmful content" The most harmful content ( such as gratuitous violence and pornography) shall be subject to the strictest measures providing a high degree of control (such as age verification or pin codes).

New AVMSD: TV and on-demand services The proposal seeks to improve the level of information made available to consumers as to the harmful nature of content encouraging Member States to use a system of descriptors (words or symbols) to be implemented via a system of co-regulation (not leading to harmonisation of age rating) where appropriate, the Commission will encourage the development of the Union codes of conduct

Effects of changes as regards TV and on-demand services Level playing field Higher level of protection for minors in on-demand services Transparency as to the potentially harmful character of content

Platforms Extension of the AVMSD scope to audiovisual internet platforms, with respect to protection of minors and hate speech A video sharing platform: Commercial service No editorial responsibility over the large amount of av content (programmes or UGC) that it stores but which organises this content (in particular by hosting, displaying, tagging and sequencing videos) Its principal purpose – provision of programmes or UGC to the public (e.g You Tube)

Platforms Member States should ensure that video-sharing platforms put in place measures to: i) protect minors from harmful content, access to which would have to be restricted; and ii) protect all citizens from incitement to hatred. To be implemented via co-regulation – the involvement of the industry a guarantee of future-proof character of the new measures and continuity of the current voluntary activities

Platforms The system will complement the E-commerce Directive (ECD) without modifying it. It will only apply to video sharing platforms whose principal commercial purpose is to organise and tag a large quantity of videos. In order to avoid fragmentation and take into account the specific nature of platforms, this provision is a full harmonisation provision A complaint mechanism available to citizens should be foreseen at national level.

Platforms The Commission and ERGA to encourage platforms to exchange best practices on the co-regulatory systems Where appropriate, the Commission will facilitate the development of Union codes of conduct Union codes (draft codes and amendments to the existing codes) submitted to the Commission and possible opinion by ERGA

New approach to self and co-regulation Reinforcement of self and especially co-regulation: Reference to the Principles for Better Self and Co-regulation that should be followed by the codes of conduct https://ec.europa.eu/digital-single-market/communities/better-self-and-co-regulation Support for co-regulation (regulatory backstop – guarantee of success) Encouragement to share best practices and set up Union codes of conduct

Thank you for your attention! Joanna Wrona DG CONNECT Joanna.Wrona@ec.europa.eu