Updated: Brussels asks for more information on implementation of audiovisual directive

(Adds government's reaction)

The European Commission has written to Malta and another 15 member states seeking information about their implementation of the Audiovisual Media Services (AVMS) Directive.

Clearly stating that at this stage, it is not the intention of the Commission to start any legal procedures against Malta, the Commission said that the fact-finding letter forms part of the Commission's efforts to ensure that the national media laws of all member states correctly implement all aspects of the AVMS rules.

No information has been given about the contents of Malta’s letter, however, the Commission said that the issues raised with the various member states vary from one member state to the other and touch upon various aspects of the implementation of this directive.

Malta has been given 10 weeks to reply to the Commission’s letter.

The AVMS Directive ensures a Single Market and legal certainty for Europe's TV and audiovisual industry by creating a level playing field for both broadcast and on-demand audiovisual media services across frontiers while preserving cultural diversity, protecting children and consumers, safeguarding media pluralism and combating racial and religious hatred.

The directive is based on the "country of origin" principle, whereby audiovisual media service providers are subject to the regulations in their country of origin only and cannot be subject to regulation in the destination country except in very limited circumstances.

EU Member States agreed to implement the AVMS Directive into their national law by December 19, 2009.

GOVERNMENT'S REACTION

In a reaction, the government said the directive had been transposed into national law and it was aware of its obligation to ensure that national media laws correctly implemented all its aspects.

It emphasised that, as stated by the Commission, the request for clarifications in no way implied that the directive has been incorrectly implemented by the member states concerned, including Malta.