Audiovisual Surveillance – Amendments and New Additions to Law No. 97/2013 “On Audiovisual Media in the Republic of Albania”

On 13.04.2023, the Government of the Republic of Albania approved Law No. 30/2023 “For certain amendments and additions to Law No. 97/2013 “On audiovisual media in the Republic of Albania”, as amended. This law has been aligned with the European Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018, which amends Directive 2010/13/EU “For the coordination of certain provisions laid down by law, regulation or administrative act in the Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)”, taking into account the changes in market realities. Through Law No. 30/2023, the subject matter and scope of application of Law No. 97/2013 also extending to the services of video distribution platforms, meaning by these the provision to the general public of programs, videos made by the user or both together, for informational, entertainment or educational purposes through an electronic communication network for which the subject, therefore the provider of the video distribution platform, has no editorial responsibility. With regard to the providers of video distribution platforms, Law no. 30/2023 has established the rules and methods according to which the services of video distribution platforms will be provided, purposes, prohibitions, obligations towards the AMA and the general public, the measures that must be adopted to fulfill the obligations and sanctions in case of violation of the obligations, etc. Furthermore, according to the provisions of Law no. 30/2023, in case the headquarters of a media service provider is located on the territory of the Republic of Albania, but the editorial decision is made in an EU country, it is presumed that such provider is under the jurisdiction of the Republic of Albania, provided that the majority of the staff involved in the production of its programs operates in Albania. When a significant part of the staff involved in the production of the media service provider's programs operates in Albania and in another EU country, it is presumed that such provider is located in the Republic of Albania if its headquarters is located in that territory.