The European Audiovisual Observatory has published a comprehensive legal report titled Approaching Jurisdictional Issues in European Audiovisual Law: Trends and Tensions, offering a timely analysis of the complex legal landscape facing media regulators across Europe.
Authored by Olivier Hermanns, Senior Analyst in the Observatory’s Legal Department, the report explores how digital transformation and geopolitical shifts are reshaping the regulatory frameworks governing audiovisual media. Central to the study is the evolving debate around the country-of-origin principle, which determines which national authority holds jurisdiction over cross-border media services.
The report examines:
– Territorial jurisdiction criteria, including post-Brexit implications and exceptions found in EU instruments like the Digital Services Act (DSA) and European Media Freedom Act (EMFA)
– Monitoring and enforcement mechanisms used by National Regulatory Authorities (NRAs) to supervise cross-border media activity
– Cooperation frameworks such as the AVMSD, AI Act, and informal networks like EPRA and the European Board for Media Services
– A case study on FAST channels, highlighting jurisdictional tensions in the ad-supported streaming space
In its final chapter, the report addresses emerging threats to media freedom, including foreign interference, platform manipulation, and the need for stronger supranational governance to preserve the principles of reception and retransmission across borders.
As European media regulation faces increasing fragmentation, the Observatory’s report provides critical insights for policymakers, regulators, and industry stakeholders navigating the future of audiovisual law. It is available as a free download from the European Audiovisual Observatory.
