Video-platform services
The Media Act contains rules for video platform services established in the Netherlands. The Dutch Media Authority (Commissariaat voor de Media) monitors compliance with these rules.
What is a video-platform service?
A video-sharing platform is a digital platform on which users can post (upload) videos. Well-known examples of video-sharing platforms are YouTube, Instagram, Snapchat and TikTok. A video-sharing platform bears no editorial responsibility for the videos users upload. This means that a video-sharing platform has no influence over the content of videos and does not determine whether videos are uploaded. This is an important difference from television broadcasters and streaming services, as they do have control over the content they provide. Video-sharing platforms do influence the visibility and findability of videos through algorithms and other techniques and can remove videos if they violate the rules.
The Media Authority supervises video-sharing platforms based in the Netherlands. Snapchat is a video-sharing platform under our supervision. YouTube, Instagram and TikTok are based in Ireland and are therefore supervised by the Irish regulator.
What rules apply to video-sharing platforms?
Video-sharing platforms must take measures to protect:
- Minors from content which may impair their development.
- The general public from content that incites violence or hatred towards an individual or group of individuals on grounds such as gender, ethnicity, colour, religion, political affiliation, ability, disability or sexual orientation.
- The general public from content whose dissemination constitutes a crime. This may include public provocation to commit a terrorist offence, offences concerning child pornography and offences concerning racism and xenophobia.
In addition, rules apply to advertising on a video sharing platform. Certain forms of advertising are not allowed, such as for tobacco or for alcoholic beverages in content aimed at children. If a video-sharing platform displays advertisements, it must ensure that it is clear to users that they are viewing advertisements.
A video-sharing platform must include the measures in a code of conduct. The Media Authority supervises the creation, content and application of this code of conduct.
Other regulations
A video-sharing platform must comply with the Media Act as well as other regulations, such as the Digital Services Act (DSA). The Consumer & Market Authority (ACM) monitors compliance with the rules from the DSA, more information can be found here.
Rules also apply to video uploaders operating on video platform platform, these rules can be found here.