Obligations of providers of audiovisual media services, and supervision by the BIPT
As the audiovisual media regulator with federal powers in the Brussels-Capital Region, BIPT carries out different checks of the audiovisual media services it authorised, by virtue of the Act of 5 May 2017.
As regards programme content, these checks monitor:
- the respect for human dignity, more specifically the fight against discrimination, hatred or violence, public health and security (Art. 17), commercial audiovisual communications included (Art. 14);
- the protection of minors at a physical, mental and moral level (Art. 17/1), commercial audiovisual communications included (Art. 14);
- the respect for provider independence requirements (Art. 7/1), impartiality of information and journalistic deontology (Art. 10).
As regards a balanced programming, the BIPT also monitors compliance with:
- the proportion of European works, specifically recent works by independent producers (Art. 18);
- the place reserved for televised advertising and teleshopping (Art. 22 to 25);
- requirements regarding sponsored audiovisual programmes (Art. 15);
- requirements regarding product placement (Art. 16).
As regards the accessibility of audiovisual media services for persons with disabilities, the BIPT:
- ensures that the audiovisual media services are continuously and gradually made more accessible to persons with a visual or hearing disability (Art. 12);
- provides an online single point of contact to provide information and receive complaints concerning the accessibility of audiovisual media services for persons with disabilities.
Obligations of providers of video-sharing platform services, and supervision by the BIPT
These checks mainly regard the adoption by the provider of measures aiming at ensuring:
- the protection of minors at a physical, mental and moral level, including in audiovisual commercial communications (Art. 29/1);
- the protection of the wider public against programmes, videos created by the user and audiovisual commercial communications endangering public health or safety or offensive to human dignity, in particular the fight against discrimination, hatred or violence (Art. 29/2).
The measures the provider shall implement involve:
- including certain requirements in the general terms of use of the service;
- implementing content reporting and classification mechanisms;
- implementing systems to verify the age of users and, if need be, parental control mechanisms;
- implementing procedures to handle claims.
The BIPT also monitors compliance with:
- requirements specific to audiovisual commercial communications such as in particular bans on tobacco products and electronic cigarettes, certain medical treatments, alcoholic beverages or the ban on the use of subliminal techniques or the encouragement of behaviours grossly prejudicial to the protection of the environment (Art. 29/3).