Who’s sovereign? The AVMSD’s country of origin principle and video-sharing platforms

Abstract

This article aims to discuss the impact of the expansion of the country of origin principle to video-sharing digital platforms, and how this contributes to a new paradigm of centralized governance of online media content in Europe. Compared to other jurisdictional regimes in the fields of data protection, intellectual property and personality rights, where other country of receipt and targeting tests are utilized, the case of the Audiovisual Media Services Directive (AVMSD) demonstrates the emergence of a split governance model between individual rights and public interests, which fails to protect adequately local cultural and social specificities in the media sphere.