Audiovisual surveillance – changes and new additions to Law no. 97/2013 “For audiovisual media in the Republic of Albania”
On 13.04.2023, the Assembly of the Republic of Albania approved the Law no. 30/2023 “On some changes and additions to Law no. 97/2013 “On audiovisual media in the Republic of Albania”, amended. This law has been aligned with European Directive 2018/1808 of the European Parliament and the Council of November 14, 2018, which amends Directive 2010/13/EU “On the coordination of certain provisions laid down by law, regulation or administrative action in the Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)”, considering the changing realities of the market.
Through Law no. 30/2023, the object and field of application of Law no. 97/2013 extend to the services of video distribution platforms, which means the provision to the general public of programs, videos created by the user or both together, for the purpose of information, entertainment or education through a communications network electronic media for which the subject, therefore the provider of the video distribution platform, has no editorial responsibility.
Regarding to video distribution platform providers, Law no. 30/2023 has provided the rules and how they will provide the services of the video distribution platforms, the purpose, the prohibitions, the obligations towards the Audiovisual Media Authority of Albania and the general public, the measures that must be taken to fulfill the obligations and the fines in cases of violations of obligations, etc.
Also, according to the provisions of Law no. 30/2023, if the headquarters of a media service provider is located in the territory of the Republic of Albania, but editorial decision-making is realised in an EU country, it is presumed that this provider is under the jurisdiction of the Republic of Albania, provided that the majority of personnel involved in the production of its programs, operate in Albania. When a significant part of the personnel involved in the production of the programs of the media service provider operates in Albania and in an EU country, it is presumed that this provider is located in the Republic of Albania if its headquarters is in this territory.
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