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
Information and Reporting responsibility
Content and Advertising
Promotion of European works
Annual fees
What are the features and changes of the new Act for VSP providers?
Notification
Protection
Commercial communications
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.
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