Amendments to the Electronic Media Law in Luxembourg

Angad Mudhar • Jun 04, 2021
Since people increasingly access and depend upon content distributed through electronic communications networks, the Luxembourg legislators introduced the Act of Feb. 26 2021 that modifies the Law of 27 July 1991 on electronic media, otherwise known as the “Electronic Media Law.”

The new Act intends to balance the right to access online content services with consumer protection and ensure better protection of minors, which previously applied only to linear media like television services.

The changes outlined in the Act are relevant and applicable to Audiovisual Media Services (AVMS) providers as well as social networks and video-sharing platforms (VSP) like YouTube, Vimeo, etc. that allow uploading of user generated videos. The Act came into effect on 12 March 2021. AVMS are essentially linear or non-linear programming services administered by service providers through electronic communication networks. These services have evolved drastically in the past decade, especially around non-linear programming with the rise in popularity of several on-demand service providers like Netflix, Disney, Amazon Prime Video, etc.

What are the features and changes of the new Act for AVMS providers?

Country of origin

  • AVMS providers established outside of the European Union, will have the benefit of “the country-Laof-origin principle.” This will allow the providers to submit a notification to Luxembourg authorities using satellite uplink facilities in Luxembourg.
  • There are no changes with respect to the jurisdiction rules and the criteria used to determine whether an AVMS provider falls under Luxembourg jurisdiction.

Information and Reporting responsibility

  • The ministry maintains a register of AVMS and VSP providers who are subject to Luxembourg jurisdiction, where they also note the criteria on which the jurisdiction is decided.
  • Any changes that are likely to affect the Luxembourg jurisdiction in accordance with the criteria set in the Electronic Media Law must be communicated to the minister responsible for media.
  • The Act gives the Independent Luxembourg Broadcasting Authority (ALIA) the right to ask the AVMS providers for any information it deems to be essential by a fixed deadline. Any delay in doing so would attract penalties ranging from 200 euros to 2000 euros per day that the information is delayed.
  • To ensure that people with disabilities always have access to public communications through AVMS services in the event of any natural calamities, AVMS providers are required to submit an action plan to ALIA initially by Sept. 30, 2022, and every three years thereafter, which outlines how this will be achieved.

Content and Advertising

  • AVMS may not incite violence or hatred against persons based on any of the grounds for discrimination referred to in Article 21 of the Charter of Fundamental Rights of the European Union or result in public provocation to commit a terrorist offence.
  • Ban on advertising electronic cigarettes and refill containers.
  • Product placement is now allowed with a few exceptions such as in programmes for children, news programs and religious programs. It is imperative however that the audience is made aware of the existence of any such product placement at the start and end of the programme and after each break.

Promotion of European works

  • AVMS providers are now obligated to ensure that their catalogues include at least 30% European programmes that are made prominent in their offerings.

Annual fees

  • AVMS providers must pay a fixed fee of 200 euros from this year to ALIA.

What are the features and changes of the new Act for VSP providers?

Notification

  • The concerned minister needs to be notified at least 20 days in advance before the start of a service by the VSP provider who falls under the Luxembourg jurisdiction.
  • Commitment to allow monitoring of its service by providing unencrypted access to ALIA.

Protection

  • VSP providers must protect minors from content, including advertising that could impair their physical, mental, or moral development.
  • Providers should also protect the general public from content, which constitutes as a criminal offence under EU law, namely public provocation to commit a terrorist offence and offences relating to child pornography, racism, and xenophobia.

Commercial communications

  • User generated content must be monitored by VSP’s for any kind of product placement or sponsorships.
  • Mechanisms that could be employed by the VSP to facilitate this monitoring could include features where the content generator could declare the presence of any product placement, content rating systems, age verification controls and parental controls.

The Act also stipulates that if the signal used for satellite broadcasting is introduced in Luxembourg with uninterrupted communication leading to the satellite and back to earth, then the resulting copyright levies would only need to be paid in Luxembourg and not in any other EU country.

The new law aims to create a level playing field where the traditional linear programming services are not the only ones to bear the burden of compliance. By bringing the new age non-linear programming services into the fold, the European and Luxembourg legislators have shown an admirable desire to adapt to the ever-evolving technological shift in media.

Share this post

Share this post

Related Posts

By Spherex 27 Mar, 2024
Santa Clara, CA (March 27, 2024 ) — Spherex , a global technology and data company serving the Media and Entertainment industry, will showcase Spherex AI ™, its pioneering AI platform for video content compliance and analysis, at NAB 2024 in Las Vegas from April 13 to 17. The Spherex AI ™ platform empowers content owners to adapt their narratives for the broadest international audience while avoiding regulatory restrictions and censorship barriers. Spherex will be exhibiting at Booth W2217 in the West Hall of the Las Vegas Convention Center. Spherex AI ™ drastically reduces the time and resources required for video content localization, mitigates the risk of cultural insensitivity or noncompliance, and enables creators to accelerate expansion and reach the right audience faster, cost-effectively, and without brand risk. The platform scans film, TV, or advertising content quickly and affordably, making it the ideal solution for verifying the suitability of any video content for any global market. “Today, content providers and streaming platforms must navigate complex regulations and cultural norms to operate successfully in different markets,” said Teresa Phillips, Co-founder and CEO of Spherex. “By seamlessly integrating sophisticated AI with cultural and regulatory insights, Spherex helps content creators, studios, distributors, and platforms unlock new markets, broaden their audiences, and increase revenue.” At the heart of Spherex AI ’s™ innovation is its proprietary AI technology, based on a decade of meticulous research and analysis of laws, regulations, and film/TV classifications in over 100 countries, as well as the screening of millions of film and TV clips for training and validation. Unlike conventional methods that employ AI and Machine Learning (ML) to identify objectionable content in a scene, Spherex uses advanced techniques to interpret the cultural context surrounding classifiable elements such as drugs, violence, sexuality, and profanity. Understanding the context is crucial because it's not just about the events happening in a video or who is involved; it's about comprehending the setting, characters, impact, and consequences. These factors are essential in determining local age ratings and cultural suitability for worldwide markets. To book a meeting with Spherex at NAB, contact Davinder Lu thra here . About Spherex Spherex is a global technology and data company transforming how media and entertainment enterprises create, adapt, and deliver film and television to audiences worldwide through AI and machine learning. With unmatched expertise in culture and regulatory compliance, Spherex works with the world's largest media companies, movie studios, networks, distributors, and streamers to build larger audiences, speed up content discovery, drive more video views, and generate higher revenue. Learn more at www.spherex.com .
05 Mar, 2024
Three Criteria to Consider When Adding Generative AI to Your Work
By Spherex 15 Feb, 2024
In the digital age, the proliferation of inappropriate or objectionable content in social media, film, and TV has become a significant concern. This content, which can range from explicit material to hate speech, poses a threat to individual users and businesses that operate within these platforms. This issue becomes even more complex when we consider the global nature of these platforms and the need for content localization. The advent of Artificial Intelligence (AI) can play a pivotal role in addressing these challenges, including some of those it is expected to cause. The Problem The issue of inappropriate content is multifaceted. For one, it exposes users, particularly young ones, to material they are not developmentally ready for. It often happens that regulators for entire markets may find the content so objectionable that they prohibit or restrict how and where it can be shown. Furthermore, it can damage the reputation of businesses associated with these platforms, especially if their ads appear next to such content. Content creators, distributors, or platforms are increasingly held responsible for objectionable content through laws such as COPPA in the U.S. and GDPR in Europe. Legislative bodies from around the globe are debating new laws or regulations to ensure only age-appropriate content is available to their citizens. All indications are the problem will get worse before it gets better. The Impact on Film and TV Content Localization Localization refers to adapting content to make it culturally and linguistically suitable for a specific target audience in a particular region or country. The presence of inappropriate content can significantly impact the decision-making process around content localization for global media markets and streaming platforms. For instance, content creators must be aware of cultural sensitivities to avoid alienating their audience. They must consider the potential double meaning, unintended connotations, or offensive expressions in slogans, names, jokes, and idioms and find brand-secure alternatives. They must be aware of the types of imitable behavior some populations find objectionable. This is especially important when localizing content for different cultures. Moreover, inappropriate content can affect simple things like trailers, visual aesthetics, and other critical elements of how content appears in an advertisement. It can also impact content placement and rankings as platforms use metadata to restrict objectionable content from appearing in search and language-compatible search engines. The Role of AI in Mitigating the Problem AI will play a transformative role in addressing the issue of inappropriate content. AI algorithms can scan and analyze vast amounts of data, flagging potential compliance issues and violations. This helps professionals identify and address any non-compliant content more efficiently. AI can also automate the monitoring and analysis of content, providing insights into the type of content and where ads can appear. This can help protect brands by ensuring their ads do not appear in the wrong places, such as airing adjacent to inappropriate content or extremist or fake news sites. Furthermore, AI can assist in content moderation. AI moderates user-generated content more efficiently and accurately. It can analyze text, images, and videos to identify inappropriate or offensive content, which can then be timestamped and flagged for review and further action. In conclusion, the issue of inappropriate content is complex and requires a multi-faceted approach. By working together, media and entertainment companies, content creators, studios, and content distributors can create a safer and more respectful digital environment. The advent of AI technologies provides promising solutions to mitigate the problem of inappropriate content, ensuring content compliance, corporate responsibility, and brand safety. Spherex AI ™ is the premier platform for delivering AI/ML-based analysis of any form of video content for any market worldwide. If you have global distribution aspirations, adding Spherex AI ™ to your workflows is an intelligent way to ensure your content reaches its broadest audience quickly and safely. Contact Spherex today for a personal demonstration.
By Spherex 30 Jan, 2024
Navigating international distribution is challenging and risky.
By Spherex 12 Dec, 2023
Understand significant differences between film and TV ratings, emphasizing the complexities content creators face in preparing titles for television due to regulatory and market concerns such as commercial breaks, run-time, and cultural variations.
compliance metrics being evaluated on screen
By Spherex 20 Nov, 2023
Explore the evolution of ad placement in the dynamic landscape of streaming, D2C platforms, and linear TV. From the simplicity of targeting demographics to today's complex considerations involving regulated content, discover how advertisers navigate challenges.
By Spherex 11 Oct, 2023
There is no immunity from Censorship.
AI Presentation being given about its impact on the media.
By Spherex 04 Oct, 2023
Explore the multifaceted role of AI in the media and entertainment industry, encompassing its promises in content creation and distribution, alongside critical insights into its limitations and challenges.
global streaming
By Spherex 26 Sep, 2023
Unlock the Global Streaming Potential of Foreign-Language Titles. Explore the Impact of Multilingual Content on Worldwide Audiences.
Show More
Share by: