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 programming services based on registration

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 submitting the notification is, among other aspects, the fact that the bill, as far as introducing an obligation for providers of on-demand audiovisual media services to register with the Danish supervisory authority for radio and television, the Radio and Television Board, is concerned, is subject to the consultation procedure under the Information Procedure Directive.

The detailed rules governing the registration of providers of on-demand audiovisual media services falling the purview of the Danish authorities 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 programming services based on registration, in the following provisions of the Order:

Chapter 1 (§ 1(6)), Chapter 2 (§ 6(3)-(5), and §§ 7 and 8), Chapter 5 (§§ 19-20 and § 22) and Chapter 6 (§ 23(3)).