What EU AVMSD Articles 28a and 28b Video-Sharing Platform Obligations (2018/1808 Amendments to 2010/13/EU) - Jurisdiction, Protection of Minors, Age Verification, Parental Control, Rating, Flagging, Media Literacy, Children's Personal Data Restriction requires
Articles 28a and 28b of the EU Audiovisual Media Services Directive (AVMSD) - inserted by Directive (EU) 2018/1808 amending Directive 2010/13/EU and published in Official Journal L 303 of 28 November 2018 - establish the EU regulatory regime for video-sharing platforms (VSPs). Article 28a sets the jurisdictional test allocating each VSP to a single Member State based on establishment or parent/subsidiary location. Article 28b sets the substantive duty on VSP providers to take appropriate measures to protect (i) minors from content which may impair their physical, mental, or moral development; (ii) the general public from content containing incitement to violence or hatred and from public provocation to commit a terrorist offence, child sexual abuse material, and racist or xenophobic offences; (iii) the general public from audiovisual commercial communications that do not comply with the AVMSD advertising rules. Article 28b(3) lists ten measures VSP providers must consider implementing where appropriate to the size and nature of the service: (a) including in terms and conditions the prohibition of uploading the content categories listed in Article 28b(1); (b) including in terms and conditions the requirements on audiovisual commercial communications that are not marketed, sold, or arranged by the provider; (c) functionality for users to declare whether videos contain audiovisual commercial communications; (d) transparent and user-friendly mechanisms for users to flag or report content; (e) systems to assess the responses by VSP providers to user reports; (f) age verification systems for users of VSPs with content which may impair physical, mental, or moral development of minors; (g) easy-to-use systems allowing users to rate content; (h) parental control systems controlled by the end-user with respect to content which may impair the physical, mental, or moral development of minors; (i) transparent, easy-to-use and effective procedures for the handling and resolution of users' complaints; (j) effective media literacy measures and tools and user awareness about them. Article 28b(3) explicitly prohibits the personal data of minors collected or otherwise generated by VSP providers pursuant to the protective measures from being processed for commercial purposes such as direct marketing, profiling, and behaviourally targeted advertising. Implementation deadline for Member State transposition was 19 September 2020. The AVMSD operates alongside the Digital Services Act and the UK Online Safety Act in countries that subsequently left the EU.
Pillar: Cybersecurity · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/eli/dir/2018/1808/oj
SHA-256 integrity: 340c1015b7642139ba9fec1d12abf8344291bbbebe3baec0d2b55108238fb5a5
Primary Citations — 8 traced to source
- Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities - published in Official Journal of the European Union L 303 of 28 November 2018 page 69; CELEX 32018L1808; persistent URL eur-lex.europa.eu/eli/dir/2018/1808/oj.
- AVMSD Article 28a (jurisdiction) - inserted by Directive (EU) 2018/1808 - establishes the jurisdictional test allocating each video-sharing platform provider to a single Member State based on EU establishment, EU parent or subsidiary, or the Article 28a(2)-(5) deeming rules; each Member State maintains a list of VSPs under its jurisdiction and communicates the list to the European Commission.
+ 6 more citations (full bibliography, deterministic workflow, actionable schema and crosswalks) included in the vault unlock — $0.01 via Skyfire / L402 / Direct Base USDC.
Access
- Discovery (free): /api/v1/nodes/eu-avmsd-article-28a-28b-video-sharing-platform-minors-protection.json — 6-field metadata
- Vault (full node): /api/v1/vault/nodes/eu-avmsd-article-28a-28b-video-sharing-platform-minors-protection.json — full 13-key payload, $0.01 USDC (L402/Skyfire/Direct Base)
- Canonical URL: https://bidda.com/intelligence/eu-avmsd-article-28a-28b-video-sharing-platform-minors-protection
- Back to registry: Browse all 10,085 compliance nodes