Legislation for Video­‑Sharing Platforms on the European Audiovisual Market

Abstract

The progressing convergence of television and Internet services has caused a dynamic development of the audiovisual market. The decision to regulate the subject matter of video-sharing platforms (VSPs) in the amended Audiovisual Media Services Directive (AVMSD) was dictated by recognition that such platforms compete for the same viewers and incomes as other audiovisual media services. Coordination of legislation on the European level led to the necessity to introduce amendments to Polish law. The main purpose of this article is to present selected provisions of AVMSD and Poland’s Broadcasting Act concerning VSPs as an area of media policy, which previously had fallen outside the scope of institutional intervention and regulatory restrictions relating to the traditional media market. The central question that author attempted to resolve was whether measures used in relation to VSP providers are legitimate, necessary and proportional. The study explains the definition of video delivery services which is fundamental from the point of view of imposing some obligations on these types of services.