Save the Children: The Protection of Minors in the Information Society and the Audiovisual Media Services Directive

The protection of underage viewers against programmes harmful to their development has been a long-standing concern in national broadcasting systems and was recognized by the Television Without Frontiers (TWF) Directive as a fundamental issue in European audiovisual regulation. Policy discussions accompanying the most recent reform of the Directive confirmed the need to ensure adequate protection also in the context of on-demand services, while disagreeing over the method by which this should achieved. This article outlines the evolving regulatory regime for the protection of minors against unsuitable programming and presents the legislative proposals drafted by the institutions in the course of the ongoing reform process. The analysis demonstrates that while the concern for protecting minors perseveres in the face of the new Directive's response to audiovisual convergence, the envisaged rules for on-demand services lead to a noticeable differentiation of the basic regulatory tier, and a concomitant concern for the effectiveness of protection.