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The Challenge of Double Graduation: The Protection of Minors against Developmentally Harmful Content in the Legal Orders of Denmark, Germany and Greece

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Abstract:

The Audiovisual Media Services Directive (AVMSD) has introduced a second layer of rules for the protection of minors in on-demand services alongside the established regulatory regime for traditional broadcasts. Insurance of meeting the regulatory standards in both of these domains constitutes an absolute precondition of safeguarding the integrity of the European audiovisual model in facilitating the cross-border circulation of audiovisual media services inside the EU. This article outlines the challenge of double graduation inherent to the Directive and then examines how three Member States have responded to it. The objective is to highlight possible transposition problems, notably in ensuring coherence across service categories, and to identify initiatives that may inspire further reflection due to their particular design features. The conclusion presents overarching considerations for regulatory design and suggests a common focus commensurate with a Digital Single Market for Europe to bolster the Directive's effectiveness in protecting minors.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JML.4.2.253

Publication date: December 1, 2012

More about this publication?
  • The only platform for focused, rigorous analysis of global developments in media law, this new peer-reviewed journal is:

    • essential for teaching and research
    • essential for practice
    • essential for policy-making.

    It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens.

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