Wybrane aspekty implementacji do polskiego prawa zmienionej dyrektywy o audiowizualnych usługach medialnych

Abstract

The changes in the audiovisual media services market that have taken place in recent years have resulted in quite intensive work in the European Union (starting in 2015) on the revision of certain directives concerning this economic area. One of the pieces of EU law that was decided to be updated was the Audiovisual Media Services Directive. Th is is because it was pointed out that since the last amendment of this directive, there had been a signifi cant and rapid development of the audiovisual media services market due to the progressive convergence of television and internet services. The advancement of technology has allowed the emergence of new types of services and new ways of using them. In addition, it has been stressed that viewing habits have changed considerably, especially among younger viewers. New types of messaging, such as short forms of video and user-generated content, have grown in importance, and new entrants, including video-on-demand providers and video-sharing platform providers, have already established their position. This media convergence has called for an updated legal framework in the EU to take account of market developments and to strike a balance in access to content in online services, as well as to ensure consumer protection and competitiveness. Directive 2018/1808 was to be implemented by the EU Member States by 19 September 2020 but Poland did not meet this deadline; it was not until 11 August 2021 that the relevant amendments to the Broadcasting Act and the Cinematography Act were enacted. Most of its provisions came into force on 1 November 2021, while others entered into force on 1 January 2022. Considering the way in which most of the provisions of Directive 2018/1808 have been implemented into Polish law, one can defend the view that it was done rationally from the perspective of Polish media service providers. The liberalisation of quantitative advertising limits may contribute to raising more funds in the advertising market by broadcasters. It has been pointed out that leaving the existing regulations unchanged would place broadcasters under Polish jurisdiction in an unfavourable competitive position in relation to broadcasters of programmes available in Poland who are under the jurisdiction of other EU Member States. The intention to put providers of on-demand media services on an equal footing with providers of video-sharing platforms also seems reasonable, as the main objective of Directive 2018/1808 is to ensure proper competition between different categories of entities competing in the electronic media sector.