Response to the Public Consultation on the Evaluation of the Audiovisual Media Services Directive: Downstream Title-Level Observability, Sanctions Compliance, and Structural Gaps in the EU Audiovisual Ecosystem

Supplementary analytical note submitted to the European Commission's public consultation on the evaluation of the Audiovisual Media Services Directive (AVMSD, Directive 2018/1808). Filed via EUSurvey on 23 March 2026. This submission identifies a structural gap in the current AVMSD evaluation framework: the absence of downstream title-level observability across EU audiovisual distribution chains. It argues that without standardised, machine-readable reporting at the title level—covering licensing, territorial availability, and beneficial ownership—the Directive cannot effectively monitor market concentration, enforce sanctions compliance (particularly Council Regulation (EU) 2022/879 and subsequent measures), or verify quota implementation under Articles 13 and 16. The analysis draws on 58 primary and secondary sources, including European Audiovisual Observatory IRIS publications, ERGA reports, Council of Europe instruments, and empirical data from national regulatory authorities. Three annexes provide: (A) a sanctions–distribution enforcement gap analysis, (B) a structured proposal for Article 13/16 reporting harmonisation, and (C) a comparative table of national regulatory data collection practices. Supplementary research note (44 pp.) responding to the European Commission's public consultation on the evaluation of Directive (EU) 2018/1808 (Initiative 15752). Main submission (§1–§14, pp. 1–17): single claim — the AVMSD framework is materially stronger at service-level compliance reporting than at title-aware downstream observability. Annex I (pp. 18–29): cross-sector comparison of unit-level tracking across seven EU regulatory domains. Annex II (pp. 30–36): mapping of the current AVMSD monitoring architecture against proposed instruments. Annex III (pp. 37–44): evidence record for six title cases and four gateway cases, with structured source index (58 entries, all independently verified).