Hello,
In recent decades, both media professionals and regulators have been faced with perhaps the greatest challenge of our time: the challenge of ethics and professionalism in the face of the rapid development of technology. As a result, new information sharing methods have succeeded in overturning the traditional formula of the media-public communication. The internet, social medias, and video-sharing platforms have democratized communication to an extent that was unimaginable just a few years ago, giving everyone the opportunity to transform from consumers into producers, from public into authors and providers of audiovisual content.
But the challenge of development is also a challenge of regulation!
For this reason, media regulatory authorities in EU countries and the region are now facing the urgent challenge of drafting and implementing new regulatory acts, aiming to adapt legislation to this new media ecosystem, while ensuring that the preservation of ethics goes hand in hand with the protection of freedom of expression.
In this context, AMA has been and remains very attentive both in terms of adapting our legislative framework to that of the EU and in terms of continuous and intensive cooperation with regulators from EU countries, to share with them the challenges, as well as to adapt and coordinate our work programs with them, so that we can be successful in our work.
Work has been done and continues in these two areas regarding the legal regulation of video-sharing platforms.
In this context, in May 2023, after a lengthy consultation process, the latest amendments to Law No. 97/2013 “On Audiovisual Media in the Republic of Albania,” as amended, came into force. These amendments, as a transposition of EU Directive 2018/1808, primarily aimed at regulating Video-Sharing Platforms.
Beyond the legal framework, the regulation of Video-Sharing Platforms presents various challenges, including:
- The education of users, who belong to all classes and categories of society, leading to a lack of adherence to ethical standards, resulting from this diversity;
- The weight of Albanian and Albanian-speaking users in the total global number of platform users, and the lack of interest from platforms in complying with national/local regulatory legislation;
- The mismatch between the technological capacities of platforms for video sharing and the technological capacities of regulators to monitor and verify them in real-time or as quickly as possible.
These also present us with the serious challenge of meeting the legal obligations imposed on us in the field of regulation of Video-Sharing Platforms, including strategic planning and setting priorities for compliance and enforcement policies.
Not only for the reasons mentioned above but also in response to your ongoing concerns and interest regarding the regulation of Video-Sharing Platforms, I am pleased to inform you today that the Audiovisual Media Authority (AMA) has successfully established a collaboration with the TikTok platform (I emphasize – this is a collaboration, not an agreement), based on the regulatory functions of the AMA, as per Law 97/2013, as amended, and TikTok’s willingness, to uphold the ethical standards of posts made by Albanian users of this platform.
The collaboration is based on the provisions of Law 97/2013, “On Audiovisual Media in the Republic of Albania,” as amended:
Article 2, “Field of Application,” according to which “This law applies for the linear audio-visual broadcasting, nonlinear audio-visual broadcasting, their supporting services and as well as for video sharing platform services.”
Article 3, “Definitions,” Section 17/1, where it is clarified that: “Video sharing platform provider”, refers to a service whose main purpose, or a separate part of it, or an essential function of the service is to provide to the public audiovisual programs, videos created by users, or both, with the aim of informing, entertaining, or educating via an electronic communication network, for which the video sharing platform provider has no editorial responsibility. The organization of such service, including the use of automated tools or algorithms, particularly for displaying, labeling, and ranking, is determined by the video sharing platform provider itself.”
Article 32, “General rules for audio and/or audiovisual media services providers and video sharing platform providers” Point 4, where it is clarified that: “Audiovisual media services providers, as well as of video sharing platforms providers, shall not broadcast programs with content that:
- incite violence or hatred against a group of persons or a member of a group on basis of: sex, race, colour, ethnicity or social origin, genetic characteristics, language, religion, belief, political opinion, nationality, membership of a minority nationality, property, birth, disability, age or sexual orientation, as well as any other form of discrimination according to the applicable legislation on protection against discrimination;
- encourage terrorist acts.”
Article 32/1, Point 4 where it is clarified that: “Without prejudice to the provisions of Articles 15 to 20 of the Law “On Electronic Commerce”, the video sharing platforms providers shall take the necessary measures to:
- protect children from programs, user-generated videos, and commercial communications that may harm their mental, physical, or moral development;
- protect the general public from programs, user-generated videos and audiovisual commercial communications with content that incites violence or hatred against a group of persons or members of a group;
- protect the general public from programs, user-generated videos and audiovisual commercial communications with content, the sharing of which constitutes an activity that is a criminal offence under the applicable legislation, or incitement to commit a terrorist offence, constitutes a criminal offence regarding child pornography, racism or xenophobia.”
In the context of this collaboration based on the provisions mentioned above, AMA has opened a section on its website that allows citizens to submit complaints regarding harmful content published on TikTok. Completing the form accessed through this communication section is followed by the review of the contested video.
AMA DOES NOT MONITOR, but ONLY acts based on citizens’ complaints.
The staff who reviews the complaints submitted via the form (on AMA’s website) includes employees from the Council of Complaints, the Directorate of Integration and International Legislation, the Directorate of Frequency Planning and ICT, as well as the Directorate of Inspection and Supervision. After the review, only those videos that are verified to violate the law are reported to TikTok. The report is made by citing the relevant legal basis for the violation.
Below, I will provide you with the reporting statistics as of 03.09.2024.
Category: Videos Reported for Piracy of Albanian Audiovisual Product
Total videos reported – 355
Videos removed – 308
Profiles closed after video reports – 39
Category: Videos Reported for Harmful Content
Total complaints – 195
Reviewed by AMA – 195
In violation of the law (reported to TikTok) – 75
Videos blocked (after reporting, by TikTok) – 39
Videos under review (by TikTok) – 36
The 39 blocked videos contained the following violations:
10 videos – for direct violence content,
1 video – for hate speech due to sexual orientation,
1 video – for religious discrimination,
8 videos – for direct images/audios of criminal acts
10 videos – for exposing children to pornography, drugs, alcohol, tobacco, and violence,
9 videos – for inciting violence or hatred.
In support of this commitment and to implement the obligations arising from the transposition of Directive 2018/1808 into Law 97/2013, as amended, AMA:
- Has completed the drafting of the Regulation on Video Sharing Platforms, which aims to clarify the regulation of the operation of these platforms within the territory of the Republic of Albania and the relevant procedures for handling complaints addressed to them, and
- Has published for public consultation the latest amendments to the Broadcasting Code, through which the provisions and actions of this subordinate act also apply to the activities of Video Sharing Platforms.
Thank you
