Negotiating new audiovisual rules for Video Sharing Platforms: Proposals for a Responsive Governance Model of speech online

Abstract

There is a unique upcoming policy momentum in European audiovisual media policy. This is the implementation of the new rules on Video Sharing Platform Providers (VSPs) with regard to the protection of minors against harmful content and of all users against incitement to violence and hatred. However, the application of the Country-of-Origin principle, the basic tenet of the Audiovisual Media Services Directive and audiovisual media regulation across the European Union, will inherently interfere with the stated policy aim of levelling the playing field vis-à-vis VSPs. This paper assesses the potential consequences of such regulatory dysfunctions in the context of hate speech regulation effective throughout Europe. It argues that Responsive Governance Model-type co-regulation could address and mitigate the loss of normative diversity, and outlines a blueprint for this. At stake is the (further) fragmentation of the internet. Hence, it is important and urgent to find adequate regulatory responses to ensure pluralistic and diverse media markets in Europe.

Keywords

• accountability
• digital platforms
• avmsd
• hate speech
• protection of minors
• national media regulators