According to article 13 of the European Audiovisual Media Services Directive, Member States must ensure that on demand audiovisual media services providers promote the production of and access to European works.
Where before the Flemish Government had only copied the text of the directive, leaving it up to the service providers themselves to decide how they would organise this promotion and access to European works, the Flemish Government has recently reconsidered this obligation.
As of 1 January 2019 non-linear broadcasters, including on demand service providers, must:
- Except for very small service providers, ensure that at least 30% of their catalogue consists of European productions and that such productions take a prominent place in their catalogue;
- Take part in the production of Flemish audiovisual productions, by contributing financially to the productions as such or by paying a contribution to the Flemish Audiovisual Fund. The amount of this contribution will be determined by the Flemish Government;
- Report every year to the supervisory authority in which way they comply to these obligations.These new rules will also be applicable to service providers falling under the jurisdiction of another European member state, but aiming their services to the Flemish Community.These new rules are laid down in article 157 of the Decree of the Flemish Community on radio and television broadcasting of 27 March 2009, as modified by the Flemish Decree of 29 June 2018.
