Graduated regulation of ‘regulatable’ content and the European Audiovisual Media Services Directive: One small step for the industry and one giant leap for the legislator?

The aim of this article is to contribute to the ongoing discussions relating to the modernisation of the EU regulatory framework for the broadcasting sector. This revision would entail the extension of existing content regulations in the Television without Frontiers Directive to new platforms, including next generation broadband. In a first chapter (theoretical framework), the article will test the validity of the arguments traditionally invoked to justify content regulation (are they still valid in the converging info-communications sector and if so, can they justify the expansion of content regulation beyond traditional broadcasting?). Second, it will critically analyse the Commission’s legislative proposal for a new Audiovisual Media Services Directive and assess its impact on new content providers, such as mobile operators and ISP’s. It ends with some critical and sometimes provocative thoughts that intend to stimulate the debate on Europe’s current strategy for a convergent content regulation.