ISSUES RELATED TO THE REGISTRATION OF ON-DEMAND AUDIOVISUAL MEDIA SERVICES AND VIDEO-SHARING PLATFORMS

The article analyzes the issue of registration of on-demand audiovisual media services and video-sharing platforms, introduced into the EU system on the basis of Directive 2018/1808 and adopted into the Polish legal system on the basis of the Act of August 11, 2021. Unfortunately, the introduced regulation does not directly meet the material requirements arising from the above-mentioned directive. It does not provide for the need to properly examine applications submitted by audiovisual media service providers or video sharing platform providers in terms of whether these entities fall within the definitions contained in the Broadcasting Act and whether they are subject to Polish jurisdiction. There was also no direct introduction of an appropriate administrative decision in a situation where the applicant did not meet such conditions. Of course, the applicable provisions on administrative proceedings can be interpreted in a way that will solve this problem. However, this is based on presumptions and analogies. Therefore, the most appropriate solution would be to introduce appropriate changes to the Broadcasting Act.