On-demand audiovisual media services covered by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (hereinafter: AVMS Directive).

Draft Order on advertising and sponsorship, etc. of programmes on the radio, television and on-demand audiovisual media services as well as entering into partnerships.

On 18 November 2019, within the framework of the notification procedure under Directive (EU) 2015/1535, the Danish authorities notified the bill to amend the Broadcasting Act and the Film Act (Implementation of the Audiovisual Media Services Directive, etc.), cf. Notification 2019/566/DK. The bill has been tabled for the Folketinget (the Danish Parliament), but has not been finalised by the Folketinget. On 18 February 2020, the Danish authorities received the comments from the European Commission in accordance with Article 5(2) of Directive (EU) 2015/1535. On 1 April 2020, the Danish authorities responded to the comments from the European Commission.

The reason for the notification is, among other aspects, that the bill, in relation to maintaining the current Danish ban on showing Danish programmes containing product placement on on-demand audiovisual media services, is subject to the consultation procedure under the Information Procedures Directive.

The detailed rules governing the ban on showing Danish programmes containing product placement on on-demand audiovisual media services are to be laid down in an order based on the Broadcasting Act, cf. Order No 248 of 16 March 2019 and the amendment to the Act, which is proposed to be implemented by the previously notified bill to amend the Broadcasting Act and the Film Act (Implementation of the Audiovisual Media Services Directive, etc.).

It is envisaged that the rules be laid down in the Order on advertising and sponsorship, etc. of programmes on the radio, television and on-demand audiovisual media services as well as entering into partnerships, in the following provisions of the draft Order:

Chapter 4 (§§ 31 and 32), and Chapter 5 (§ 38(2), and § 39).