Platforms Within the AVMSD Regulatory Architecture: a VSPs Governance Model

Abstract

The importance of video-sharing platforms in the European audiovisual landscape has grown rapidly. With the revision of the EU’s Audiovisual Media Services Directive (AVMSD), certain audiovisual rules are extended to video-sharing platforms (VSPs), and the use of self-and co-regulation is encouraged. Member State governments, national regulatory authorities, existing industry bodies, new co-regulatory bodies, and the European Commission all have roles to play under the new provisions of the AVMSD on VSPs. This article examines the mechanisms for governing VSPs in the areas covered by the revised AVMSD. Based on analysis of the national regulatory mechanisms that transpose the AVMSD rules on VSPs in all EU member-states and UK and expert interviews, we put forward a conceptual model for VSPs platform governance. We introduce a perspective on platform governance that hinges on the composition of powers and responsibilities spread across national regulators, self-regulatory organisations and other institutions. The results indicate that Member States with long histories of co-regulation and well-resourced and experienced national regulators might be better placed for effective enforcement because their monitoring and sanctioning powers are already comprehensive and clear. There appear to be gaps in other cases, such as limited information gathering powers or imprecise allocation of responsibility for generating codes of conduct. The article contributes to the rising scholarly work on platform governance and the discussions on the nature of self-regulation and co-regulation.