Analiza pravnog uređenja audiovizualnih medijskih usluga nakon stupanja na snagu Direktive (EU) 2018/1808

Abstract

The paper analyses the provisions of Directive (EU) 2018/1808, which amends and supplements the Directive on Audiovisual Media Services 2010/13/EU. In the analysis of the new legal regulation of audiovisual media services by Directive (EU) 2018/1808, the author compares the de lege lata provisions and gives de lege ferenda proposals for the new legal regulation of electronic media in the Republic of Croatia. The paper analyses the new provisions that regulate the principle of the country of origin of audiovisual services, the novelties brought by the legal regulation of video sharing platforms as a new form of audiovisual media services, better protection of minors from harmful content in audiovisual media services, new provisions related to enhanced protection from program content that incites hatred, violence, and public incitement to terrorist acts. Furthermore, the paper deals with provisions that increase the requirements regarding the share of European works in programmes and provisions that regulate the quantity and quality of audiovisual commercial communications in traditional audiovisual media services. Along with the analysis of the new provisions of Directive (EU) 2018/1808, the relevant practice of courts and national regulatory authorities are also discussed. Finally, the author deals with the strengthening of the role of independent regulators and makes de lege ferenda proposals for the legal regulation of electronic media and audiovisual media services after the transposition of Directive 2018/1808 into the Croatian legislation.