New EU Directive Limits Hate Speech, Establishes European Content Quotas

A new directive adopted today by European Union member governments updates and strengthens regulations on video-sharing platforms and other newer forms of media, emphasising the public interest, elevating protections for children, and establishing a 30 percent quota of European content in on-demand audiovisual media services.

An over-riding element of the new rules is to emphasise the public interest over other interests, while seeking to ensure freedom of expression. It requires greater transparency about ownership of media service providers, and directs governments to intervene in media activities on behalf of the public interest, as long as they are justified and proportionate.

In particular, the measures take aim at “incitement to violence or hatred,” and “public provocation to commit a terrorist offence,” which are elsewhere defined in EU law.

They also call for stronger measures to inform about “content that may impair minors’ physical, mental or moral development.” But children’s personal information collected in the process of protection cannot be used for commercial purposes.

The new rules also clarify the necessity to ensure people with disabilities have the same access as those without.

An underlying theme is that member states are not prevented from taking stronger measures on any of the areas “to ensure the appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity.”

The rules specify that restrictions may be needed – but leaves it up to the member states – on advertising of alcohol, as well as foods based on their nutritional value, especially as they are marketed to children. The same goes for gambling. Audiovisual commercials for tobacco and electronic cigarettes are prohibited.

The rules go into some detail over the types of manipulating media that are not permitted or are restricted, such as subliminal messages, or those promoting discrimination or harm to public health or the environment.

In addition, the new directive established a European Regulators Group for Audiovisual Media Services.

The EU Council of Ministers press release is reprinted below:

Less hate speech and more European content on video streaming services: Council adopts new EU rules

As a result of updates by the EU to its rules for audiovisual media services, traditional television and new services such as on-demand broadcasting will compete on a level playing field. Video sharing platforms will also for the first time be subject to rules ensuring that viewers, and in particular minors, will be better protected from violent or harmful content or hate speech.

The new rules also aim to increase cultural diversity and promote European content by introducing a quota of at least 30% of European content in the catalogue of providers of on-demand audiovisual media services.

The Council adopted the new directive on 6 November. This is the final step in the legislative process.

The new directive modifies an existing directive on the provision of audiovisual media services from 2010. Since then, the market for audiovisual media services has evolved significantly. Rapid technical developments have sparked new types of services, viewing habits have changed, and user-generated content has gained in importance. The legal framework is now being updated to take account of these developments.

• Audiovisual media services: agreement on a directive to protect minors, boost competitiveness and promote European content (press release, 13/06/2018)

Next steps

The directive will enter into force on the 20th day after its publication in the Official Journal of the EU. Member states will have 21 months to transpose it into national legislation.

• Full text of the new directive
• Statements by member states
• More information on audiovisual media services

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