Platforms and commercial communications aimed at children: a playground under legislative reform?

Abstract

ABSTRACTToday’s online media services landscape is characterised by an increased convergence between traditional media and the delivery of over the internet content (audiovisual or otherwise). This convergence raises important new questions regarding the scope of the existing regulatory framework on commercial communications. Due to the complexity of the framework – which includes media law, consumer protection law, e-commerce law and data protection law – it is becoming ever more difficult to delineate the responsibilities of certain service providers (e.g. video-sharing platforms) for the commercial communications that appear on their platforms, not excluding their potential qualification as ‘controller’ or ‘processor’ under the EU data protection framework. It is therefore time to consider the potential impact of the ongoing legislative reforms for both traditional and new players on the media playground, to better understand their shared impact and responsibility. As such, this paper will analyse the different responsibilities these new internet platforms will face in the context of commercial communication aimed at a young audience. For this purpose, it will analyse the interplay between the different legislative instruments mentioned above to discover any gaps or clarify any overlaps, which could ultimately have a negative impact on the empowerment of children.