Belgium Upholds Netflix’s Investment Obligations
By upholding the bulk of the investment obligations in the Walloon audiovisual sector imposed on Netflix, the Belgian Constitutional Court reinforces the ability of states to regulate streaming giants in the name of cultural diversity. However, by referring several questions to the Court of Justice of the European Union, it acknowledges that the European framework currently lacks clarity.
The Belgian Constitutional Court upholds the bulk of the Walloon legislation requiring streaming platforms to contribute to the financing of audiovisual content creation, while leaving several key questions open regarding its compatibility with European Union law. The case follows on from the 2018 Audiovisual Media Services Directive (AVMS Directive), which authorizes Member States to impose obligations on video-on-demand…
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