
Advocate General Szpunar has come to rather radical conclusions regarding the scope of the AVMS Directive in his non-binding opinion on the New Media Online GmbH case (C-347/14 - Reference to the EU Court of Justice for a preliminary ruling).
His opinion goes far beyond the specific questions submitted to the EU Court of Justice: in his view, the case concerns more general issues relating to the scope of the directive with respect to content which is publicly available via the internet (par. 13, emphasis added).
His conclusions in particular if followed by the Court of Justice could raise fundamental questions for the forthcoming review of the Directive.
In the present case, there may be good reasons to argue that the website of a daily newspaper containing audiovisual material is not an audiovisual media service within the meaning of the Directive. However the Advocate General s approach goes much further and restricts the Directive's scope to such extent that one may wonder what impact such an interpretation could have on the continued relevance of the Directive in a converged multimedia world.
The Advocate General s starting point is that defining a legal framework for the functioning of the internet is one of the main challenges currently facing the legislature as well as the judiciary of all the countries of the world and that this calls for new legal instruments, often built on entirely new bases (par. 2).
In his view, the AVMS Directive, despite the intentions of its authors, did not prove to be future-proof (par. 34) and its rules on non-linear services are merely a derivative of the rules on linear services, that is to say television (par. 21 and 29). Accordingly, the rules of the Directive should not be applied to new varieties of audiovisual services appearing on the Internet, but only to those non-linear services that are in direct competition with television, that is to say those offering the same content in a non-linear form (par. 52; see also par. 47, 52 and 53).
Referring to Recital 24, which qualifies on-demand audiovisual media services as being television-like , the Advocate General develops his argumentation by stating that it was not the intention of the legislature to extend the Directive's scope to new phenomena connected with the spread of the internet, in particular broadband internet, such as the emergence of multimedia websites (par. 47).
Moreover, he re-interprets Recital 28, which clarifies that the Directive does not cover electronic versions of newspapers and magazines , in a dynamic way (in view of today's level of development of internet technology, see par. 34), suggesting that it must be interpreted as an indication that the legislature's intention was to exclude from the scope of that directive all kinds of internet information portals which are multimedia in nature, that is to say contain audiovisual content among other things (par. 49, 54).
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
09/11/2026
In a new home, the show had its traditional focus on music production, but broadcast themes received significant emphasis
The Audio Engineering Society (AES) c...
09/11/2026
Content creation and rights, YouTube archive, production workflows, investment, ...
09/11/2026
Industry leaders from Prime Video, NASCAR, FOX Sports, and more discuss the tech...
09/11/2026
SMT (SportsMEDIA Technology) is delivering on-air graphics and shot data for the Women's Team Golf League (WTGL), which made its debut Sunday, Nov. 8, at So...
09/11/2026
BKB Bare Knuckle Boxing has appointed Michael Ridout Managing Director, UK. He will lead BKB's operations in the United Kingdom and take on wider operationa...
09/11/2026
SMPTE's Media Technology Summit (MTS2026) takes place Nov. 16-19 at the Pasadena Convention Center. The schedule:
Media Tech Business Forum (Monday, Nov. 1...
09/11/2026
The Audio Engineering Society (AES) held AES Show Nashville 2026 Oct. 30-Nov. 1 at the Gaylord Opryland Resort & Convention Center. AES reports nearly 3,000 reg...
09/11/2026
Analyst Josh Stinehour will share results Jan. 26 in Mountain View, Calif.
Devo...
09/11/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
09/11/2026
Permanent mixed-reality activation debuted against the Brooklyn Nets at Rocket A...
09/11/2026
The new agreement brings the Playoff to 23 games, including 16 on-campus matchup...
09/11/2026
SMT provided production technology and graphics support for all three NASCAR nat...
09/11/2026
Captures Nils Frahms upright concert grand
In their latest collaboration with composer Nils Frahm, Native Instruments have captured a vertical concert grand...
09/11/2026
18-19 November 2026, Sonic College, UC SYD, Kolding, Denmark
Sonic College have announced that their annual Sonic Days conference is set to return to Koldin...
09/11/2026
Cinematic scoring tool gains free entry-level version
Sonuscore's Elements range offers a free entry point into the company's line-up of scoring too...
09/11/2026
Rohde & Schwarz and ZES ZIMMER present test solutions for power systems and auto...
09/11/2026
The BBC and BritBox have announced further casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited for the BBC and B...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Berklee's Singers Showcase Celebrates Whitney Houston's Music and Her Go...
09/11/2026
Monday 9 November 2026
Life in the fast laneTurn on cookies to view this content. Go to Privacy options and select Accept All'.
Privacy options
From Tik...
09/11/2026
Monday 9 November 2026
Cathy Newman to revist defining moments in recent histor...
09/11/2026
Monday 9 November 2026
Sky VIP unwraps over one million free rewards for customers this Christmas
This Christmas, Sky VIP is giving away more than one million...
09/11/2026
When is a city green' and when is it a big polluter? As we approach COP 31, when country leaders from around the world meet to negotiate climate policies a...
09/11/2026
Focusrite Control 2 iOS and Android apps now support Scarlett 3rd Gen, Clarett ,...
09/11/2026
Korea's Ministry of Science and ICT and NVIDIA hosted the MSIT-NVIDIA AI Sta...
09/11/2026
Simulation, which has long been the proving ground for robots learning to walk, ...
08/11/2026
Updated modules & new Analyze function
Acon Digital's all-in-one restoration plug-in has just been updated, and now boasts an Analyze button that allows...
08/11/2026
Run analogue gear emulations on your GPU
AnalogX have released a new GPU-powered mixing ecosystem that's been designed to change how users handle analog...
08/11/2026
COW Jobs: Set and Production Design Expert - Remote
Brie Clayton November 8, 2026
0 Comments
Set and Production Design Expert (Remote, worldwide)
No...
08/11/2026
NVIDIA is releasing Dynamo-optimized deployment recipes for Korea's leading open models: A.X K2 from SK Telecom, K-EXAONE 2.0 from LG AI Research, Solar Ope...
08/11/2026
NVIDIA and Korea's Ministry of Science and ICT (MSIT) are expanding their collaboration across the country's sovereign AI ecosystem, from AI semiconduct...
08/11/2026
As AI agents take on more work, they need capable open models and security that advances alongside them.
Hyundai Motor Group is exploring NVIDIA NemoClaw bluep...
08/11/2026
Tapping into the country's strengths in manufacturing and engineering, NVIDIA is helping advance Korea's physical AI ecosystem.
The country's indu...
07/11/2026
Mix Analysis, improved Render window & new bundled instrument
The free version of Tracktion's DAW software has recently received an update that introduc...
07/11/2026
The National Film and Video Foundation (NFVF) is a statutory body established to promote and develop the South African film and video industry, including animat...
07/11/2026
NEW YORK - November 5, 2026 - An estimated 31.2 million people watched primetime coverage of the 2026 U.S. midterm elections on Tuesday, November 3, according t...
07/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/11/2026
COW Jobs: Production Manager - Las Cruces, NM
Brie Clayton November 6, 2026
0 Comments
Production Manager
November 5, 2026COW Jobs: Faith-Based UGC ...
06/11/2026
It's been a big week in Australia horse racing as the Victoria Racing Club (...
06/11/2026
Additional gear includes a second, outside drone; a second slo-mo unit; and a wi...
06/11/2026
The University of Alabama has installed a new Daktronics display system at Coleman Coliseum in Tuscaloosa. It includes a 360-degree centerhung with four underbe...
06/11/2026
NEP Americas, part of NEP Group, has expanded its remote production offering with new IP-based flypack production kits deployed from the U.S. and available to c...
06/11/2026
Telestream has appointed Joseph Hopkins Chief Revenue Officer. He has more than two decades of executive experience in media technology. In the role, he will fo...
06/11/2026
In-venue and creative video staffers at the professional and collegiate level ha...