Media regulation at a distance: video-sharing platforms in Audiovisual Media Services Directive and the future of content regulation

This article argues that the inclusion of video-sharing platforms in the new version of Audiovisual Media Service Directive, not only extends the scope of media regulation in the EU, but also brings a fundamentally new approach to the content regulation as such. With this approach, EU recognises the inherent difference between more traditional types of media, in which the editorial rights and responsibilities lie with the media themselves, and the platformed social media, in which it is the active user, who is the originator and primary uploader of the content. Following this distinction the new regulation is systemic rather than focusing on individual pieces of content on the platforms, but also recognises the rights of the users, and legislates for more transparency. Although the latter two elements are included in the Directive in only rudimentary form, and they apply only to video content, the proper transposition of these into the national legislations of the EU member states have a real potential for improving the current state of social media governance.
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