Media Study - Medija centar Beograd

5.2.1 APPENDIX 1 TO ANNEX 6.2 ON CRUCIAL PROVISIONS OF THE AVMS – DIRECTIVE
CRUCIAL PROVISIONS OF THE AVMS – DIRECTIVE
Background
Since the adoption of the Television without Frontiers Directive (TVwF) in 1989, the market for European television
services has changed dramatically through the convergence of technologies and markets. Competition between
classic linear and new, on-demand, non-linear services did not have a regulated playing field. Technological and
market developments made it necessary to amend the audiovisual regulatory framework. Hence, it was revised in
1997 and 2007 91 . With the last revision, the Directive was renamed Audiovisual Media Services Directive (AVMSD)
and then codified in 2010.
The Electronic Commerce Directive 2001/31/EC 92 already regulates aspects regarding non-linear services, but
mainly restricts itself to certain aspects such as those in the jurisdictional filed and aspects relating to provider
responsibility.
Directive 2010/13/EU 93 of the European Parliament and the Council of 10 March 2010 Audio Visual Media Services
Directive – AVMS-Directive) lays down provisions on audio visual media service. It honors the principles of the
Council of Europe in the field of Audio-Visual.
This Annex provides an overview of the most relevant issues addressed in the AVMS-Directive, on the extent to
which these issues are not addressed in Serbian legislation.
1.1 The AVMS – Directive
1. Distinction between linear and non-linear services
The AVMS-Directive defines linear services under the term ‘television broadcasting’ as:
a linear audiovisual media service where a media service provider decides upon the moment in time when a specific
program is transmitted and establishes the program schedule.
The AVMS Directive defines non-linear services separately as:
91 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007L0065:EN:NOT.
92 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:HTML.
93 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32010L0013:EN:NOT.
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