Policy Documents

The Advertising Information Group (AIG) welcomes the opportunity to respond to the European Commission’s Call for Evidence on the Evaluation and Update of the AVMSD Rules.

The European audiovisual media environment has undergone significant change since the 2018 revision, including the rise of non-linear services, video-sharing platforms (VSPs), and influencer marketing. Despite these developments, we believe that the AVMSD continues to provide a fit-for-purpose, legally coherent, and technologically neutral framework that addresses these developments effectively.

Although the AVMSD does not explicitly define the term “influencer”, many influencer activities are caught by the definition of audiovisual media services (AVMS) in Article 1(1)(a), as recognised in Council Conclusions and explicitly defined in some Member States such as Spain and France. Most Member States have transposed this article verbatim or substantially, meaning influencers may qualify as AVMS providers across the EU if they meet core AVMS criteria.

Introducing new AVMSD obligations for influencers would risk duplication and legal uncertainty. Complementary rules for influencers already exist under the Unfair Commercial Practices Directive (UCPD), Digital Services Act (DSA), European Media Freedom Act (EMFA), and Transparency and Targeting of Political Advertising Regulation (TTPA) which address risks relating to specific activities.

Instead, AIG encourages the Commission to prioritise consistent enforcement of the current framework, avoid regulatory overlap, and support self-regulation as an essential complement to statutory rules.

We therefore support Option 1 in the Call for Evidence, maintaining the status quo, as the most proportionate, coherent, clear, and future-proof path forward.

Download AIG’s Response to the Call for Evidence on the Evaluation and Update of EU AVMSD Rules

AIG supports the EU Commission’s focus on digital fairness but argues that the existing consumer protection framework, including the UCPD, GDPR, and AVMSD, is already comprehensive. The main challenge lies in enforcement, guidance, and coordination rather than new legislation. AIG recommends strengthening cross-border enforcement, providing practical case studies, supporting self-regulatory initiatives, and improving education and capacity-building, particularly for influencer marketing. Proposed new restrictions on personalised advertising or protections for minors risk redundancy, unintended consequences, and excessive burdens. Effective enforcement of current rules, coupled with recognition of the mature self-regulatory advertising framework, will better ensure digital fairness while maintaining legal clarity and business sustainability.

Download AIG’s response to the EC Consultation on the Digital Fairness Act

The EC’s efforts to modernise and harmonise the Car Labelling Directive are welcomed, but label requirements should remain at the point-of-sale, and not extend to advertising. Whilst harmonisation across Member States is beneficial, manufacturers should retain flexibility to display additional voluntary information. As online purchases increase, digital labels are essential but must apply only at the point of sale, since advertising’s primary role is raising awareness rather than providing technical details. Extending the Directive to advertising would face space and time constraints, increase costs, compromise creativity, and harm media outlets dependent on advertising revenue, ultimately undermining the Directive’s aim of enabling informed consumer choice. 

Download AIG’s response to the EC Consultation on the Revision of the EU rules on car labelling

First and foremost, we acknowledge the importance of promoting sustainable consumption and environmental protection. The advertising industry is committed to responsible practices and has already implemented comprehensive frameworks to ensure truthful and responsible environmental communications through existing self-regulatory codes across Europe.

However, we are concerned that the proposed advertising restrictions in Articles 3 and 3 bis of the French law, will have a significant impact on advertising and media plurality and will create technical barriers to trade within the internal market for the following reasons:

• Potential Violation of EU Fundamental Freedoms and International Trade
• Conflict with the Unfair Commercial Practices Directive (UCPD)
• Mandatory Environmental Messages and Information Overload
• Lack of Clear Definitions and Technical Specifications
• Backdoor Product Regulation
• Failure to Address Root Causes
• Impact on Media Plurality and Cross-Border Services

Download AIG’s response to the French TRIS notification on reducing the environmental impact of the textile industry

AIG’s response to the European Commission’s consultation on the draft guidance to support the implementation of the Political Advertising Regulation. 

Download AIG’s position paper on the draft guidance to support the implementation of the Political Advertising Regulation

AIG’s response to the European Commission’s Consumer Agenda 2025-2030 and action plan on consumers in the Single Market.

Download AIG’s response to the European Commission’s Consumer Agenda 2025-2030 and action plan on consumer in the Single Market

ZAW has released a position paper in response to the WHO draft resolution which seeks to ban digital communication concerning breast-milk substitutes to both parents and medical staff. ZAW believes this would infringe upon companies’ freedom of communication, and hinders innovation. This draft resolution is to be adopted at the 78th WHO Assembly from 19-27 May.

Download the Position Paper

This paper sets out the Advertising Information Group’s position on Consent or Pay models. 

Download our position paper on Consent or Pay models

AIG’s response to the Norwegian Royal Ministry of Trade, Industry and Fisheries and the Royal Ministry of Health and Care Services on the proposed prohibition of marketing of certain foods and beverages (HFSS) aimed at children.

Download AIG response to TRIS notification 2024/9015/NO

This submission comments on points in the guidelines that are relevant to and affect the advertising and marketing industry.

Download AIG’s response to the EDPB’s Guidelines on processing of personal data based on legitimate interest.

This submission comments on points concerning current car label rules that are relevant to the advertising industry.

Download AIG response to the Car labelling evaluation

AIG’s response to the Belgian Royal Decree on advertising beverages containing alcohol.

Download AIG response to TRIS notification 2024/0032/BE

AIG’s response to the European Data Protection Board’s (EDPB) Guidelines 2/2023 on the Technical Scope of Art. 5(3) of ePrivacy Directive adopted in November 2023.

Download AIG response to EDPB Guidelines 2/2023