'What If Television Becomes Just an App?' Re-Conceptualising the Legal Notion of Audiovisual Media Service in the Light of Media Convergence

28 Pages Posted: 8 Jan 2014

See all articles by Peggy Valcke

Peggy Valcke

KU Leuven - Centre for IT & IP Law (CiTiP); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Jef Ausloos

University of Amsterdam - Institute for Information Law (IViR)

Date Written: December 20, 2013

Abstract

This working paper has been prepared in the context of the FP7 project Experimedia, the IWT-SBO-EMSOC project and iMinds-MiX projects. The objective was to carry out a legal analysis of the notion 'audiovisual media service' – being a building block in, and defining the scope of, the current EU regulatory framework for the audiovisual sector – in order to understand how this notion is being challenged by emerging technologies and services, such as connected TV, over-the-top television, etc. This requires interpretive, qualitative analysis of the constitutive elements of the definition of 'audiovisual media service' put forward by the EU Audiovisual Media Services Directive, combining doctrinal legal research methods with interdisciplinary methods. Our study looked in particular at two sources of interpretation: on the one hand, (semi-)binding sources including the recitals and preparatory documents of the Directive itself and regulatory decisions adopted by national media authorities in EU Member States (in which further guidance was provided on how to interpret the criteria included in the definition of audiovisual media service); on the other hand, non-binding sources such as scholarly writings and policy or guidance documents adopted by the national media authorities.

Keywords: AVMS, Audiovisual Media Services Directive, Convergence, Europe

Suggested Citation

Valcke, Peggy and Ausloos, Jef, 'What If Television Becomes Just an App?' Re-Conceptualising the Legal Notion of Audiovisual Media Service in the Light of Media Convergence (December 20, 2013). ICRI Research Paper 17, Available at SSRN: https://ssrn.com/abstract=2375666

Peggy Valcke (Contact Author)

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000
Belgium

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

Jef Ausloos

University of Amsterdam - Institute for Information Law (IViR) ( email )

Roeterseilandcampus, Building A, 5th floor
Nieuwe Achtergracht 166
Amsterdam, Noord-Holland 1018 WV
Netherlands

HOME PAGE: http://ivir.nl

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