Why we need guidelines on audiovisual prominence rules

Executive summary 

Prominence rules applicable to distributors of audiovisual service providers and user interface providers require harmonisation. To achieve this, the European Commission should issue guidance on prominence, as foreseen by the European Media Freedom Act (EMFA)1. Without it, uncoordinated national rules are already emerging, fragmenting the single market and damaging the user experience. A harmonised internal market, where Europe’s creative sector can thrive and its content is accessible to all, can foster innovation and consumer choice.  

With four Member States already introducing rules, distributors of audiovisual media services and user interface providers face diverging – and at times conflicting – requirements. Rules differ in scope, definitions, technical obligations and the devices covered. For example, Germany mandates specific interface design; France additionally requires equal positioning and non-discriminatory treatment of services of general interest (SGIs) in search and recommendation; Italy sets layout and icon standards, including numeric key pads; and Spain imposes user interface (UI) display and size constraints. 

This fragmentation raises costs and undermines innovations that are meant to enhance the user experience. Common guidance would be a key tool to safeguard the internal market, promote legal certainty and support Member States’ implementation. Harmonised principles can provide clarity for distributors of audiovisual media services and user interface providers, facilitate compliance, and create a more predictable and innovation-friendly regulatory environment.  

We urge the Commission to publish the guidance without delay. It should: 

• Clarify the relationship between the country-of-origin and prominence rules, balancing the representation of local cultural values with the cross-border operation of audiovisual media service distribution and user interfaces. It should be made clear that Member States may determine which audiovisual media services should receive prominence, but not how that prominence is implemented; 

• Interpret the concept of ‘appropriate prominence’ consistently across user interface environments; 

• Provide illustrative implementation models based on existing EU-level legal frameworks; 

• Emphasise flexibility and proportionality, recognising the diversity of platforms and devices; 

• Allow Member States to specify audiovisual media services as general interest within the framework of European fundamental rights and freedoms without undermining the internal market; and 

• Ensure that a common standardised technology solution (e.g. via metadata), which can be used to give prominence, is supported by the complete end-to-end delivery chain.