Audiovisual Media Services Regulations 2009 Announced

The Audiovisual Media Services (AVMS) Directive requires Member States to establish a regulatory system for on-demand services that provide television and television-like programmes (i.e. those competing for the same audience as television broadcasts) and to ensure that they adhere to particular standards. The Audiovisual Media Services Regulations 2009 (the "Regulations"), which implement the Directive, have now been published and are due to come into force on 19 December 2009.

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The Audiovisual Media Services (AVMS) Directive requires Member States to establish a regulatory system for on-demand services that provide television and television-like programmes (i.e. those competing for the same audience as television broadcasts) and to ensure that they adhere to particular standards. The Audiovisual Media Services Regulations 2009 (the "Regulations"), which implement the Directive, have now been published and are due to come into force on 19 December 2009.

Background In December 2007 the AVMS Directive was formally adopted by the Council of Ministers and the European Parliament. The Regulations will implement the requirements of the AVMS Directive in the UK and are due to come into force on 19 December 2009, the deadline for implementation. The Government has decided only to include such measures in the Regulations as are necessary to ensure the effective implementation of the AVMS Directive and not to go beyond what the AVMS Directive permits or requires. The aim is to avoid imposing undue or excessive new regulatory burdens on broadcasting and on-demand services while still ensuring the level of public protection intended by the AVMS Directive.

The Regulations will require amendments to be made to the Communications Act 2000, the Copyright Designs and Patents Act 1988 and the Wireless Telegraphy Act 2006.

On-demand services The Regulations apply to "on-demand programme services". Services will be caught by the definition if:

the principal purpose is the provision of programmes of a form and content which are comparable to those usually included in television programme services; access is on-demand; a person has editorial responsibility for the programme; it is made available by that person for use by members of the public; and the person who has editorial responsibility is under the jurisdiction of the United Kingdom under the AVMS Directive. The Regulations set out a regulatory...