The protection of minors in the digital age: advertising regulation under the European Digital Services Act package

Enfoque

The protection of minors against unsuitable media content disseminated via linear audiovisual programs, video-sharing platforms, and social networks represents a key theme in the audiovisual policy debate at the European level. Recent legal developments including the Audiovisual Media Services Directive, the General Data Protection Regulation, the Unfair Commercial Practices Directive, the Digital Services Act and the Digital Markets Act aim to tackle the challenges associated with the exposure of underaged consumers to potentially harmful and prejudicial media content and audiovisual commercial communications.

The unprecedent legal scrutiny at the European level calls for a depth-analysis of the Digital Services Act Package implementation measures across the Member States. Earlier theoretical and empirical work has shown that various country-specific initiatives and actions determine transposition of EU Directives or implementations of Regulations, and that Member States enjoy discretion in the selection of the form and methods used to transpose the directives into their national legislation.

Based on an extensive analysis of extant legal frameworks across the European Union, this article investigates the provisions for the regulation of audiovisual commercial communication and online advertising practices under the revised Audiovisual Media Services Directive, the Digital Services Act and the Digital Markets Act, with a special emphasis on the measures introduced to increase the protection of minors. The longitudinal exploratory research design focuses on the extant regulations on the broadcasting of commercial communications by traditional broadcasters and video-sharing platforms under the revised European legislation. Linear television audiovisual media service providers are finding new competitors in the advertising market, such as video-sharing platform service providers. The desk research includes the examination of legal texts, policy studies and the reports published by the European Audiovisual Observatory (EAO), EPRA and ERGA.

Based on a qualitative longitudinal analysis, the study maps out the specific European policy instruments and provisions aiming at strengthening the protection of underaged viewers from potentially harmful and prejudicial content. Data is taken from multiple publicly available sources such as European and central governments information, ministerial data, and regional agencies. Results show that a plethora of regulatory bodies are actively involved in overseeing the implementation of the provisions on audiovisual commercial communications to ensure the consumer protection.