Seldia responds to the Public Consultation of the Audiovisual Media Services Directive

On 30 April 2026, Seldia replied to the Public Consultation on the evaluation of the Audiovisual Media Services Directive (AVMSD). Apart from Seldia’s response to the public consultation questionnaire, we submitted a position paper that complements our answers by providing a more detailed explanation of our views. The key points of our position paper are:

• Distinction between direct sellers and influencers: direct sellers differ from traditional influencers, as they are remunerated based on actual sales and are responsible for their own promotional activities.

• Clarification of influencer status using criteria: we support clearer identification of which influencers fall under the AVMSD by relying on objective criteria (e.g. audience size, revenue, level of activity), building on existing national approaches such as those developed in Italy, Spain, or the Netherlands.

• Brand obligations: disproportionate requirements on brands should be avoided. Any obligations should be proportionate, realistic, aligned with the offline environment, and take into account all business models, including direct selling.

• Recognition of preventive compliance measures: if duty-of-care obligations are introduced, meaningful weight should be given to proactive measures taken by companies, ensuring that companies investing in compliance are not treated the same as those taking no action.

• Avoid overlap with the Digital Fairness Act (DFA): ensure coordination between DG JUST, responsible for the DFA (expected to be published in Q4 2026), and DG CONNECT, responsible for the AVMSD, to prevent duplication.

• Focus on enforcement and guidance: better enforcement of existing rules and clearer EU-level guidance, as well as self-regulation initiatives, should be prioritised rather than introducing new layers of regulation.

You can download our Response to the Public Consultation here.