On Demand Audiovisual Media Services

With the adoption of the Act on Audiovisual Media Services which has been in effect since November 2011, the Agency’s jurisdiction has expanded into areas of non-linear audiovisual media services, which are, as in the case of traditional television, the editorial responsibility of the provider, and are provided to the public with the aim of informing, entertaining, and educating. However unlike with traditional television the viewer has a significantly greater range of choice when selecting and controlling content, as well as the time they consume it, which means that the requirements are somewhat looser (also see the European Directive on Audiovisual Media Services).
 
One of the Agency’s key tasks includes performing an inspection supervision of programming content and adhering to the rules on advertising (such as for example sponsorships and product placement), and care for the protection of children from harmful content. This means ensuring an appropriate level of physical, mental, and moral development among minors and of human dignity in general, especially through the use of personal identification numbers (PIN codes), filtering systems, and notifications.
What are on demand audiovisual media services?
On demand audiovisual media services are non-linear audiovisual media services providing audiovisual content from a catalog that is designed by the provider, while users can consume this content when they decide to.
 
The Agency has prepared the General Act on Declaring On Demand Audiovisual Media Services and established an official record of providers of on demand audiovisual services.

Declaring on demand audiovisual media services

The Agency is competent for administering the official record of providers of on demand audiovisual services. A provider of on demand audiovisual media services must declare this service to the Agency. The declaration must include:

• service name and its identification,

• name, address, and tax and registration number for persons,

• company name, headquarters, tax and registration number, and the name of the legal representative for companies,

• service type and a short description,

• date of start, change, or end of service provision.

More information and all available forms are available in the Act on Audiovisual Media Services and the General Act on Declaration of On Demand Audiovisual Media Services. The forms are also available at the bottom of this page.

Obligations of on demand audiovisual media services

The Act on Audiovisual Media Services imposes certain obligations on providers of on demand audiovisual media services, and the Agency supervises their execution during inspection supervision.

Protection of children and minors

Protection of children and minors is defined in detail in Article 15 of the Act on Audiovisual Media Services, which, among other things, defines that:

• programming content that might gravely harm the physical, mental, or moral development of children and minors is only available in a manner that ensures that children or minors will as a rule not be able to view or listen to them,

• potentially harmful programming content is permissible, if it is marked by an appropriate sound and visual warning, and an appropriate visual symbol notifying that it is not appropriate for children and minors of various age groups,

• in its catalog the provider must provide adults with information required to evaluate the content.

European audiovisual works

The share of audiovisual works of European production in on demand audiovisual media services is defined in detail by Article 16 of the Act on Audiovisual Media Services, which states that:

• the share of audiovisual works must encompass at least 10 percent of audiovisual works of European production in the catalog of programming content in each calendar year, or,

• if the provider does not meet the above share, they must set aside a financial contribution in the amount of at least one percent of all revenue of their audiovisual media service in this calendar year for production or acquisition of audiovisual works of European production to be provided through its on demand audiovisual media service.

The provider of the on demand audiovisual service must submit a report on meeting the above requirements each year by the end of February to the Ministry of Culture as well as the Agency.
 
You can learn more details about all the requirements in the Act on Audiovisual Media Services.