Best prices Special offers for members of the PWE book club The cheapest delivery
Dr Ewelina Duda-Staworko
ORCID: 0000-0003-3771-7315

PhD in Law, assistant lecturer at the Department of Economic and Commercial Law at the Faculty of Law and Administration of Maria Curie-Skłodowska University in Lublin, legal adviser. She deals with issues of intellectual property law and media law.

 
DOI: 10.33226/0137-5490.2022.12.5
JEL: K23

The aim of the article is to analyse the concept of a video sharing platform service in Polish and EU law. This concept was first defined in the provisions of Directive 2018/1808, which is an amendment to Directive 2010/13/EU on audiovisual media services of 10 March 2010, and then implemented in the Polish legal system under the name of video sharing platform by virtue of the Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act. Determining the meaning of the term of a video sharing platform service is crucial to determining the objective scope of the Broadcasting Act and the application of the obligations it provides for the organisation of content on video sharing platforms, which were first formulated for providers of such services. Despite the adoption of a legal definition of the concept of a video sharing platform service in EU and national law, the determination of the scope of this concept raises numerous interpretation problems that result from the complexity of the definition itself and the vagueness of the wording used. These difficulties are also compounded by the incorrect implementation of Directive 2018/1808 into national law in this respect.

Keywords: audiovisual media services directive; videosharing platform service; directive on electronic commerce; editorial responsibility