{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-591-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-591-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-16","fingerprint":"ewai:eu:b50dc5","proof":"sha256:c2964973cf3d8e6cacea01212d7f0257f5104d9014a45835c89e74e8d6d7763a","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-591-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_20","para_21","para_22"],"kind":"assessment"},{"title":"Legal context","paragraphs":["para_23"],"kind":"legal_framework"},{"title":"European Union law","paragraphs":["para_24","para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52"],"kind":"legal_framework"},{"title":"Directive (EU) 2018/1972","paragraphs":["para_53","para_54","para_55","para_56"],"kind":"legal_framework"},{"title":"Bulgarian law","paragraphs":["para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74"],"kind":"legal_framework"},{"title":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraphs":["para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85"],"kind":"facts"},{"title":"Procedure before the Court","paragraphs":["para_86","para_87","para_88","para_89"],"kind":"facts"},{"title":"Admissibility of the request for a preliminary ruling","paragraphs":["para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100"],"kind":"assessment"},{"title":"Consideration of the question referred","paragraphs":["para_101"],"kind":"questions"},{"title":"Preliminary observations","paragraphs":["para_102","para_103","para_104","para_105","para_106","para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120","para_121","para_122","para_123","para_124"],"kind":"questions"},{"title":"Consideration of the question","paragraphs":["para_125","para_126","para_127","para_128","para_129","para_130","para_131","para_132","para_133","para_134","para_135","para_136","para_137","para_138","para_139"],"kind":"questions"},{"title":"Costs","paragraphs":["para_140","para_141"],"kind":"costs"},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_142","para_143","para_144","para_145","para_146"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"15 October 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Directive 2010/13/EU – Audiovisual media services – Article 1(1)(a)(i) – Concept of ‘audiovisual media services’ – Article 6(1) – Protection of human dignity – National legislation prohibiting broadcasts contrary to accepted standards of morality – Liability of …","paragraph_id":"para_4"},{"text":"In Case C‑591/24,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Administrativen sad Sofia-grad (Administrative Court, Sofia City, Bulgaria), made by decision of 29 August 2024, received at the Court on 11 September 2024, in the proceedings","paragraph_id":"para_6"},{"text":"‘ Golf Bulgaria’ EOOD","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Savet za elektronni medii,","paragraph_id":"para_9"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_10"},{"text":"composed of M.L. Arastey Sahún (Rapporteur), President of the Chamber, B. Smulders, E. Regan, J. Passer and D. Gratsias, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: T. Ćapeta,","paragraph_id":"para_12"},{"text":"Registrar: V. Di Bucci,","paragraph_id":"para_13"},{"text":"having regard to the written procedure,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–        the Bulgarian Government, by T. Mitova and R. Stoyanov, acting as Agents,","paragraph_id":"para_16"},{"text":"–        the European Commission, by O. Gariazzo, C. Georgieva, P.-J. Loewenthal and G. Meeßen, acting as Agents,","paragraph_id":"para_17"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_18"},{"text":"gives the following","paragraph_id":"para_19"},{"text":"Judgment","paragraph_id":"para_20"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision …","paragraph_id":"para_21"},{"text":"2         The request has been made in proceedings between ‘Golf Bulgaria’ EOOD, a company incorporated under Bulgarian law, and the Savet za elektronni medii (Electronic Media Council, Bulgaria) (‘the SEM’) concerning the legality of a decision of the SEM imposing an administrative fine on that company for disseminating a video contrary to accepted standards of morality (‘the decision at issue’).","paragraph_id":"para_22"},{"text":"Legal context","paragraph_id":"para_23"},{"text":"European Union law","paragraph_id":"para_24"},{"text":"The Charter","paragraph_id":"para_25"},{"text":"3         Article 11(1) of the Charter provides:","paragraph_id":"para_26"},{"text":"‘Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.’","paragraph_id":"para_27"},{"text":"4         Article 52(1) of the Charter is worded as follows:","paragraph_id":"para_28"},{"text":"‘Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.’","paragraph_id":"para_29"},{"text":"Directive 2010/13","paragraph_id":"para_30"},{"text":"5         Article 1(1) of Directive 2010/13 provides:","paragraph_id":"para_31"},{"text":"‘For the purposes of this Directive, the following definitions shall apply:","paragraph_id":"para_32"},{"text":"(a)      “audiovisual media service” means:","paragraph_id":"para_33"},{"text":"(i)      a service as defined by Articles 56 and 57 [TFEU], where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes, under the editorial responsibility of a media service provider, to the general public, in order to inform, entertain or educate, …","paragraph_id":"para_34"},{"text":"(ii)      audiovisual commercial communication;","paragraph_id":"para_35"},{"text":"…","paragraph_id":"para_36"},{"text":"(b)      “programme” means a set of moving images with or without sound constituting an individual item, irrespective of its length, within a schedule or a catalogue established by a media service provider, including feature-length films, video clips, sports events, situation comedies, documentaries, children's programmes and original drama;","paragraph_id":"para_37"},{"text":"(c)      “editorial responsibility” means the exercise of effective control both over the selection of the programmes and over their organisation either in a chronological schedule, in the case of television broadcasts, or in a catalogue, in the case of on-demand audiovisual media services. Editorial responsibility does not necessarily imply any legal liability under national law for the content or the services provided;","paragraph_id":"para_38"},{"text":"(d)      “media service provider” means the natural or legal person who has editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the manner in which it is organised;","paragraph_id":"para_39"},{"text":"…","paragraph_id":"para_40"},{"text":"(e)      “television broadcasting” or “television broadcast” (i.e. a linear audiovisual media service) means an audiovisual media service provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule;","paragraph_id":"para_41"},{"text":"…","paragraph_id":"para_42"},{"text":"(g)      “on-demand audiovisual media service” (i.e. a non-linear audiovisual media service) means an audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider;","paragraph_id":"para_43"},{"text":"…’","paragraph_id":"para_44"},{"text":"6         Article 4(1) of Directive 2010/13 provides:","paragraph_id":"para_45"},{"text":"‘Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in the fields coordinated by this Directive, provided that such rules are in compliance with Union law.’","paragraph_id":"para_46"},{"text":"7         Article 6 of that directive is worded as follows:","paragraph_id":"para_47"},{"text":"‘1.      Without prejudice to the obligation of Member States to respect and protect human dignity, Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any:","paragraph_id":"para_48"},{"text":"(a)      incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter;","paragraph_id":"para_49"},{"text":"(b)      public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541 [of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ 2017 L 88, p. 6)].","paragraph_id":"para_50"},{"text":"2.      The measures taken for the purposes of this Article shall be necessary and proportionate and shall respect the rights and observe principles set out in the Charter.’","paragraph_id":"para_51"},{"text":"8         Articles 28a and 28b of Directive 2010/13 set out the provisions applicable to video-sharing platform services.","paragraph_id":"para_52"},{"text":"Directive (EU) 2018/1972","paragraph_id":"para_53"},{"text":"9         Under Article 2(1) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the Electronic Communications Code (OJ 2018 L 321, p. 36), which replaced Article 2(a) of Directive 2002/21:","paragraph_id":"para_54"},{"text":"‘For the purposes of this Directive, the following definitions shall apply:","paragraph_id":"para_55"},{"text":"(1)      “electronic communications network” means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit …","paragraph_id":"para_56"},{"text":"Bulgarian law","paragraph_id":"para_57"},{"text":"10       Article 10(1) of the Zakon za radioto i televisiata (Law on Radio and Television) of 23 September 1998 (DV No 138 of 24 November 1998), in the version applicable to the dispute in the main proceedings (‘the ZRT’), provides:","paragraph_id":"para_58"},{"text":"‘Media service providers shall be guided in the exercise of their activities by the following principles:","paragraph_id":"para_59"},{"text":"1.      Guaranteeing the right to freedom of expression;","paragraph_id":"para_60"},{"text":"2.      Guaranteeing the right to information;","paragraph_id":"para_61"},{"text":"3.      Respect for the confidentiality of information sources;","paragraph_id":"para_62"},{"text":"4.      Protection of citizens’ privacy;","paragraph_id":"para_63"},{"text":"5.      Prohibition of broadcasts encouraging intolerance between citizens;","paragraph_id":"para_64"},{"text":"6.      Prohibition of broadcasts which are contrary to accepted standards of morality, in particular if they contain pornography, glorify or condone cruelty or violence or incite hatred on grounds of race, sex, religion or nationality;","paragraph_id":"para_65"},{"text":"7.      Guaranteeing the right of reply in programmes;","paragraph_id":"para_66"},{"text":"8.      Guaranteeing copyright and related rights in broadcasts and programmes;","paragraph_id":"para_67"},{"text":"9.      Safeguarding the purity of the Bulgarian language.’","paragraph_id":"para_68"},{"text":"11       Article 17(1) and (2) of that law provides:","paragraph_id":"para_69"},{"text":"‘1.      Media service providers shall be liable for the content of media services.","paragraph_id":"para_70"},{"text":"2.      Media service providers shall be under an obligation not to authorise the production or provision for dissemination of broadcasts which infringe the principles laid down in Article 10 or of broadcasts which convey national, political, ethnic, religious or racial intolerance or glorify or condone cruelty or violence.’","paragraph_id":"para_71"},{"text":"12       Article 20(1) and (2) of that law is worded as follows:","paragraph_id":"para_72"},{"text":"‘1.      [The SEM] shall be an independent specialised body which regulates media services and video-sharing platform services in the cases and in the manner provided for in this Law.","paragraph_id":"para_73"},{"text":"2.      In carrying out its activities, [the SEM] shall exercise its powers impartially and transparently and in accordance with the objectives of [Directive 2010/13], it shall be guided by the public interest, ensure freedom of expression, the independence of media service providers, media pluralism, cultural and linguistic diversity, consumer protection, accessibility, non-discrimination, the proper functioning of the internal market and the promotion of fair competition.’","paragraph_id":"para_74"},{"text":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_75"},{"text":"13       On 5 April 2023, Golf Bulgaria, which was at that time registered in the SEM’s public register as a provider of non-linear media services, published an article online entitled ‘Émilie Trottinette mocks a boy with special educational needs’, which included a video taken from the social media …","paragraph_id":"para_76"},{"text":"14       By decision of 29 June 2023, the SEM found that, by publishing that video, Golf Bulgaria had committed an administrative offence, namely an infringement of Article 17(2) of the ZRT, read in conjunction with Article 10(1)(6) thereof, for disseminating a video contrary to accepted standards of morality.","paragraph_id":"para_77"},{"text":"15       By the contested decision, adopted on 27 July 2023, the SEM imposed an administrative fine of 3 000 Bulgarian leva (BGN) (approximately EUR 1 534) on Golf Bulgaria. That decision having been upheld, in the context of an action brought before the Sofiyski rayonen sad (Sofia District Court, Bulgaria), Golf Bulgaria brought an appeal before the Administrativen sad Sofia-grad (Administrative Court, Sofia City, Bulgaria), which is the referring court.","paragraph_id":"para_78"},{"text":"16       In the context of that appeal, Golf Bulgaria submits, first, that the decision of the Sofiyski rayonen sad (Sofia District Court) is unlawful and incorrect because it was delivered in breach of substantive law and essential procedural requirements, secondly, that, by adopting a decision fin …","paragraph_id":"para_79"},{"text":"17       The SEM, for its part, refers to national case-law on the concept of ‘accepted standards of morality’ and, in particular, to a decision of the Konstitutsionen sad (Constitutional Court, Bulgaria), in which it was held that public morality constitutes an area in which national traditions and …","paragraph_id":"para_80"},{"text":"18       The referring court notes that, according to national case-law, the concept of ‘accepted standards of morality’ is a general principle, which is in itself a rule of conduct, which must be enshrined as such in a specific rule of law intended to govern social relations in order to constitute …","paragraph_id":"para_81"},{"text":"19       In that context, and in the light of the citation of Article 4(1) of Directive 2010/13 in the request for a preliminary ruling, it appears that the referring court is uncertain whether it may be considered that the introduction, in the relevant national legislation, of the prohibition on br …","paragraph_id":"para_82"},{"text":"20       In addition, that court asks whether the reference to the principle of accepted standards of morality as a basis for the imposition of penalties in the event of infringement of that principle restricts the freedom of expression enshrined in Article 11 of the Charter.","paragraph_id":"para_83"},{"text":"21       In those circumstances, the Administrativen sad Sofia-grad (Administrative Court, Sofia City) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:","paragraph_id":"para_84"},{"text":"‘Is it permissible under EU law for national legislation, by incorporating into national law a general principle of law as constituted by the observance of “accepted standards of morality”, to make it possible for the Member State to introduce additional measures, to the effect, inter alia, that the …","paragraph_id":"para_85"},{"text":"Procedure before the Court","paragraph_id":"para_86"},{"text":"22       By decision of the President of the Court on 14 November 2024, the present proceedings were stayed pending the decision closing the proceedings in Cases C‑555/23 and C‑556/23.","paragraph_id":"para_87"},{"text":"23       Following the delivery of the judgment of 26 June 2025, Makeleio and Zougla (C‑555/23 and C‑556/23, EU:C:2025:484), the President of the Court, on 1 July 2025, notified that judgment to the referring court, asking it to indicate whether, in the light of that judgment, it wished to maintain the request for a preliminary ruling.","paragraph_id":"para_88"},{"text":"24       By letter of 30 July 2025, that court stated that it wished to maintain the request for a preliminary ruling. In that regard, it noted that, unlike the case which gave rise to that judgment, the subject matter of the dispute in the main proceedings concerned the possibility of implementing …","paragraph_id":"para_89"},{"text":"Admissibility of the request for a preliminary ruling","paragraph_id":"para_90"},{"text":"25       The Bulgarian Government disputes the admissibility of the request for a preliminary ruling on the ground, first, that there is no link between the question referred to the Court and the subject matter of the dispute in the main proceedings and, secondly, that there is no indication of the specific provisions of EU law which must be interpreted for the purposes of resolving that dispute.","paragraph_id":"para_91"},{"text":"26       As regards, in particular, the alleged lack of a link, that government submits that it is apparent from the statement of reasons for the request for a preliminary ruling that it concerns video-sharing platform providers. In that regard, the Bulgarian Government submits that, in setting out …","paragraph_id":"para_92"},{"text":"27       According to settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that national court is responsible for defining, the accuracy of which is not a matter for the Court to determine, enjoy a presumption of releva …","paragraph_id":"para_93"},{"text":"28       In the present case, the request for a preliminary ruling contains a detailed description of the circumstances surrounding the dispute in the main proceedings and refers to the wording of the national provisions considered to be applicable to that dispute by the referring court and the nati …","paragraph_id":"para_94"},{"text":"29       It is true that, as the Bulgarian Government noted, the referring court refers, in the request for a preliminary ruling, to both audiovisual media services and video-sharing platform services and cites both provisions of Directive 2010/13 concerning audiovisual media service providers and p …","paragraph_id":"para_95"},{"text":"30       However, first of all, account must be taken of the fact that, first, it is apparent from the account of the facts set out in the request for a preliminary ruling that Golf Bulgaria was entered in the public register of the SEM as a provider of non-linear media services. Secondly, according …","paragraph_id":"para_96"},{"text":"31       Accordingly, those factors lead to the conclusion that, despite, first, the use in the wording of the question referred for a preliminary ruling of the words ‘information society service’ and, secondly, the reference in the request for a preliminary ruling to ‘video-sharing platform services’, that question concerns an ‘audiovisual media service’ within the meaning of Directive 2010/13.","paragraph_id":"para_97"},{"text":"32       Next, the absence of any indication, in the wording of the questions referred to the Court, of specific provisions of EU law does not render a request for a preliminary ruling inadmissible in so far as the information contained in that request enables the Court to identify the provisions of …","paragraph_id":"para_98"},{"text":"33       Lastly, the fact that, in setting out the legal framework which it considers to be applicable, the referring court cites provisions of EU law which are not relevant for the purposes of resolving the dispute in the main proceedings has no bearing on the admissibility of a request for a preliminary ruling.","paragraph_id":"para_99"},{"text":"34       Accordingly, the present request for a preliminary ruling is admissible.","paragraph_id":"para_100"},{"text":"Consideration of the question referred","paragraph_id":"para_101"},{"text":"Preliminary observations","paragraph_id":"para_102"},{"text":"The classification, first, of the dissemination of the video at issue in the main proceedings as an ‘audiovisual media service’ and, secondly, of the applicant in the main proceedings as a ‘media service provider’, within the meaning of Directive 2010/13","paragraph_id":"para_103"},{"text":"35       As is apparent from paragraphs 30 and 31 above, the question referred by the referring court must be understood as referring to an ‘audiovisual media service’ within the meaning of Directive 2010/13 and, therefore, as being based on the premiss that the dissemination of the video penalised by the decision at issue falls within the scope of that concept.","paragraph_id":"para_104"},{"text":"36       As pointed out in paragraph 16 above, in the appeal which gave rise to the present case, Golf Bulgaria claimed that the dissemination of that video did not fall within the scope of that concept.","paragraph_id":"para_105"},{"text":"37       In that regard, it must be borne in mind that, under the division of jurisdiction between the European Union judicature and national courts, it is in principle for the national court to determine whether the factual conditions triggering the application of a European Union rule are fulfille …","paragraph_id":"para_106"},{"text":"38       Accordingly, it is for the Court of Justice to provide the referring court with the necessary interpretative guidance concerning the concept of ‘audiovisual media service’ within the meaning of that directive, in order for the referring court to ascertain whether the dissemination of the vi …","paragraph_id":"para_107"},{"text":"39       In that context, it must be borne in mind that, according to the definition set out in Article 1(1)(a)(i) of Directive 2010/13, the concept of ‘audiovisual media service’ refers to a service as defined in Articles 56 and 57 TFEU, where the principal purpose of the service or a dissociable s …","paragraph_id":"para_108"},{"text":"40       Furthermore, as is apparent from Article 1(1)(b) of Directive 2010/13, the concept of ‘programme’, within the meaning of that directive, refers to ‘a set of moving images constituting an individual item, irrespective of its length, within a schedule or a catalogue established by a media service provider, including feature-length films, video clips, sports events, situation comedies, documentaries, children’s programmes and original drama’.","paragraph_id":"para_109"},{"text":"41       Furthermore, in accordance with Article 1(1)(d) of Directive 2010/13, for the purposes of that directive, ‘media service provider’ is the natural or legal person who has editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the manner in which it is organised.","paragraph_id":"para_110"},{"text":"42       In the present case, it is apparent from the request for a preliminary ruling that the video at issue in the main proceedings was published on a website which makes articles and audiovisual content available to the public.","paragraph_id":"para_111"},{"text":"43       Accordingly, first of all, it appears that that video was disseminated by means of electronic communications networks, within the meaning of Article 2(1) of Directive 2018/1972, which replaced Article 2(a) of Directive 2002/21, which is nevertheless a matter for the referring court to confirm.","paragraph_id":"para_112"},{"text":"44       Next, subject also to verification by the referring court, it may be considered that that video is part of the schedule or catalogue offered on the website at issue in the main proceedings, such that it constitutes a ‘programme’, within the meaning of Article 1(1)(b) of Directive 2010/13 (s …","paragraph_id":"para_113"},{"text":"45       Moreover, there is nothing in the file before the Court to suggest that the service of making videos available on the website at issue in the main proceedings does not have a content and a function independent of those of other services which may be offered on that website. Thus, subject to …","paragraph_id":"para_114"},{"text":"46       Lastly, as follows from Article 1(1)(a)(i), (c) and (d) of Directive 2010/13, the publication by Golf Bulgaria of the video at issue in the main proceedings on the website at issue in the main proceedings can fall within the concept of ‘audiovisual media service’ only if that company assumes ‘editorial responsibility’, within the meaning of that directive, for the choice of the audiovisual content made available on that website.","paragraph_id":"para_115"},{"text":"47       That would be the case, inter alia, if it is for Golf Bulgaria to decide, in particular, on the uploading and removal of the videos offered on the website in question, the date and time of the broadcasting of videos on that website, the period of time during which those videos will be acces …","paragraph_id":"para_116"},{"text":"48       Since the request for a preliminary ruling contains no information in that regard, it will be for the referring court to assess, having regard inter alia to the conditions governing the publication on the website at issue in the main proceedings of the videos transmitted by users, whether G …","paragraph_id":"para_117"},{"text":"49       In the light of the foregoing considerations, and subject to the verifications which it will be for the referring court to carry out, the answer to the question referred by that court must be based on the premiss that, first, the dissemination of the video penalised by the decision at issue …","paragraph_id":"para_118"},{"text":"The provision of Directive 2010/13 relevant to the resolution of the dispute in the main proceedings","paragraph_id":"para_119"},{"text":"50       It is apparent from the request for a preliminary ruling that the video at issue in the main proceedings showed a person with special educational needs being humiliated by a group of people. That led the SEM, inter alia, to classify that video as contrary to ‘accepted standards of morality’ …","paragraph_id":"para_120"},{"text":"51       It must be borne in mind that Article 6(1) of Directive 2010/13 requires Member States not only to respect but also to protect human dignity, an obligation which implies, in particular, that it is for those States to adopt the measures necessary to ensure that the content of audiovisual med …","paragraph_id":"para_121"},{"text":"52       Accordingly, the obligation to respect the value of human dignity and the prohibition on the broadcasting of content undermining that value are covered by that provision (judgment of 26 June 2025, Makeleio and Zougla , C‑555/23 and C‑556/23, EU:C:2025:484, paragraph 73).","paragraph_id":"para_122"},{"text":"53       Therefore, in a context, such as that in the main proceedings, where national legislation prohibiting the dissemination of content contrary to accepted standards of morality has served as the basis for a decision adopted in order to penalise a violation of human dignity, that national legis …","paragraph_id":"para_123"},{"text":"54       Thus, having regard to the particular circumstances of the dispute in the main proceedings, the question referred by the referring court must be answered in the light of Article 6(1) of Directive 2010/13.","paragraph_id":"para_124"},{"text":"Consideration of the question","paragraph_id":"para_125"},{"text":"55       In the light of the preliminary considerations, it must be held that, by its question, the referring court asks, in essence, whether Article 6(1) of Directive 2010/13, read in the light of Article 11 of the Charter, must be interpreted as precluding a Member State from penalising a media se …","paragraph_id":"para_126"},{"text":"56       In order to answer that question, it should, in the first place, be noted that, according to the very words of the third paragraph of Article 288 TFEU, Member States may choose the form and methods for implementing directives which best ensure the result to be achieved by the directives, an …","paragraph_id":"para_127"},{"text":"57        In particular, according to settled case-law, the existence of general principles or general rules may render superfluous transposition by specific additional legislative or regulatory measures, provided, however, that those principles or rules actually ensure the full application of that …","paragraph_id":"para_128"},{"text":"58       In the light of that case-law, it may be considered that, although, as pointed out in paragraphs 51 and 52 above, Article 6(1) of Directive 2010/13 requires Member States, in the field of audiovisual media services, to protect the value of human dignity by ensuring that content which underm …","paragraph_id":"para_129"},{"text":"59       Furthermore, it should be borne in mind that the principle of legal certainty requires, on the one hand, that the rules of law be clear and precise and, on the other, that their application be foreseeable for those subject to the law, in particular, where they may have adverse consequences. …","paragraph_id":"para_130"},{"text":"60       Moreover, that requirement of legal certainty must be observed all the more strictly in the case of a measure liable to have financial consequences. In particular, the Court has held that a penalty, even of a non-criminal nature, cannot be imposed unless it rests on a clear and unambiguous legal basis (see, to that effect, judgment of 26 October 2006, Koninklijke Coöperatie Cosun , C‑248/04, EU:C:2006:666, paragraphs 79 and 80 and the case-law cited).","paragraph_id":"para_131"},{"text":"61       In that context, it should be noted that, as regards the principle of legality of criminal offences and penalties laid down in Article 49(1) of the Charter, which applies to the field of criminal law (see, to that effect, judgment of 1 August 2025, BAJI Trans , C‑544/23, EU:C:2025:614, para …","paragraph_id":"para_132"},{"text":"62       It will thus be for the referring court to verify whether a media service provider is able to ascertain, in the light of the wording of the ZRT and, where appropriate, with the assistance of the interpretation given to that law by the Konstitutsionen sad (Constitutional Court) and the Varho …","paragraph_id":"para_133"},{"text":"63       In the second place, as regards the question whether national legislation displaying the characteristics set out in paragraph 55 above and meeting the requirements of clarity and precision, within the meaning of the case-law set out in paragraphs 57 to 61 above, infringes the right to freed …","paragraph_id":"para_134"},{"text":"64       In that regard, Article 1 of the Charter states that human dignity is inviolable. It must be respected and protected.","paragraph_id":"para_135"},{"text":"65       It is apparent from the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) that the dignity of the human person, as referred to in that article, is not only a fundamental right in itself but constitutes the very basis of fundamental rights. In that regard, tho …","paragraph_id":"para_136"},{"text":"66       It follows from the foregoing that an obligation relating to respect for accepted standards of morality, in so far as it constitutes a means of protecting the value of human dignity, by prohibiting the dissemination of content which undermines that value, as required by Article 6(1) of Dire …","paragraph_id":"para_137"},{"text":"67       Accordingly, to that extent, national legislation displaying the characteristics set out in paragraph 55 above and meeting the requirements of clarity and precision, within the meaning of the case-law set out in paragraphs 57 to 61 above, does not infringe the right to freedom of expression enshrined in Article 11 of the Charter.","paragraph_id":"para_138"},{"text":"68       In the light of the foregoing considerations, the answer to the question is that Article 6(1) of Directive 2010/13, read in the light of Article 11 of the Charter, must be interpreted as meaning that it does not preclude a Member State from penalising a media service provider for disseminat …","paragraph_id":"para_139"},{"text":"Costs","paragraph_id":"para_140"},{"text":"69       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_141"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_142"},{"text":"Article 6(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Dire …","paragraph_id":"para_143"},{"text":"must be interpreted as meaning that it does not preclude a Member State from penalising a media service provider for disseminating a video which undermines the value of human dignity, under national legislation prohibiting, on the basis of a general principle of law of that State, broadcasts contrar …","paragraph_id":"para_144"},{"text":"[Signatures]","paragraph_id":"para_145"},{"text":"*       Language of the case: Bulgarian.","paragraph_id":"para_146"}],"operative_part":"On those grounds, the Court (Fifth Chamber) hereby rules:\n\nArticle 6(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of …","word_count":7438,"cites":["C-555/23","C-556/23","C-544/24","C-204/09","C-303/20","C-684/24","C-685/24","C-248/04","C-544/23","C-92/23","C-769/22"],"cited_by":[],"sha256":"ce7b94c63406c5c70ba785f7f85770bce948caf5cf18bddef7919a26573d28ca","source_url":"https://publications.europa.eu/resource/celex/62024CJ0591","fetched_at":"2026-10-16T12:35:51.92+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-591-24","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-591-24","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-591-24","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-591-24","verification":{"stored_sha256":"ce7b94c63406c5c70ba785f7f85770bce948caf5cf18bddef7919a26573d28ca","recomputed_sha256":"ce7b94c63406c5c70ba785f7f85770bce948caf5cf18bddef7919a26573d28ca","intact":true,"checked_at":"2026-10-16T21:52:17.167Z"}},"hash":"sha256:c2964973cf3d8e6cacea01212d7f0257f5104d9014a45835c89e74e8d6d7763a","version":"legal-2026-10-16","expires":"2026-10-17T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-16+legal-2026-10-16+2026-10-16T17:00:05","content_hash":"sha256:c2964973cf3d8e6cacea01212d7f0257f5104d9014a45835c89e74e8d6d7763a","revalidate_after":"2026-10-16T22:52:17.954Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-591-24","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-591-24"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-591-24"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-591-24"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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