22 October 2025
Luxembourg modernises Media Law
Introduction
On 30 September 2025, the Luxembourg government submitted Draft Bill n° 8625 (the Draft Bill) to Parliament, introducing a new Media Law and establishing the Autorité luxembourgeoise indépendante des médias (the ALIM).
The Draft Bill aims to modernise and consolidate Luxembourg’s fragmented media regulation by amending the Law of 27 July 1991 on electronic media, the Law of 8 June 2004 on freedom of expression in the media, and the Law of 27 August 2013 establishing the Independent Audiovisual Authority (the ALIA).
It also implements the European Media Freedom Act (Regulation (EU) 2024/1083) and the Regulation on transparency and targeting of political advertising (Regulation (EU) 2024/900).
Media providers, platforms and content creators should begin assessing their compliance readiness. Key priorities include updating transparency disclosures, establishing moderation and parental control mechanisms, revising advertising and sponsorship policies, and implementing content retention systems. While the new framework eases administrative requirements at the outset, it also introduces stricter post-launch supervision and a higher risk of sanctions for non-compliance.
A broader and technology-neutral scope
The Draft Bill adopts a unified and technology-neutral approach. It applies to all media services, regardless of format or distribution method, including television, radio, print press, video-sharing platforms, podcasts and online content creators.1
Influencers or content creators who monetise their audience are now considered media service providers and will be subject to the same obligations as traditional broadcasters.
As clarified in Article 2(13), content creators include users who generate and upload programmes to online platforms in exchange for financial or other compensation, and who use their notoriety among their audience to communicate content to the public with the aim of directly or indirectly promoting goods, services or any cause whatsoever.
As Minister of Justice Elisabeth Margue emphasized in a press release, content creators play an increasing role in shaping public opinion so they have to comply with the same standards of transparency and accountability.2
Clear principles and defined limits
Freedom of communication remains the guiding principle, but the Draft Bill clearly defines its limits. It prohibits a closed list of content types such as incitement to violence or hatred, child sexual abuse material, violations of human dignity, advocacy of genocide or war crimes, discrimination and threats to public order or security.
These prohibitions now also cover user comments, a novelty compared with the previous regime. Under Article 11(2), the restrictions apply when a comment is posted in response to a programme or a press publication that has been published online by the same media provider.
While unlawful comments could already be sanctioned under general criminal law, media laws didn’t previously cover user-generated content. The new provision doesn’t impose an active duty to monitor or remove comments, but it clarifies that such content falls within the scope of media regulation when hosted by the provider itself.
In serious cases, ALIM may temporarily restrict the retransmission of a service established in another EU member state, in line with European procedural safeguards.3
A common set of rules for all media
The Draft Bill introduces a unified rulebook applicable across all media formats, both traditional and digital.
Transparency obligations have been strengthened significantly. Providers have to publish their legal and contact information, ownership structure, ultimate beneficial owners and any amounts received from state or foreign public advertising. These provisions transpose at national level the transparency requirements laid out in the European Media Freedom Act.4
A single and technology-neutral framework for all forms of commercial communications is now applied equally to press and audiovisual media, including on-demand and online platforms. All advertising must be clearly identifiable, and covert or subliminal techniques are prohibited. Commercial content mustn’t promote behaviour harmful to health, safety, or the environment, or exploit minors.5
Sponsorship and product placement are authorised under strict safeguards designed to preserve editorial independence and protect consumers. Sponsored programmes and publications must be clearly identified, and sponsorship from tobacco or pharmaceutical companies is largely prohibited. News and current-affairs content cannot be sponsored, ensuring neutrality in information. Product placement is permitted in most media formats, including audiovisual and press content, but excluded from news, consumer, religious, and children’s programmes. It must remain transparent, proportionate, and free from undue influence. Compared with the Law of 27 July 1991, which confined product placement to certain audiovisual works, the Draft Bill introduces a horizontal regime that extends to all media services under editorial responsibility and reaffirms editorial independence as a central principle.6
Media providers also have to retain complete recordings of their media services for six months and provide a copy to ALIM or the judicial authorities upon request. In practice, this obligation covers the programmes or press publications distributed under the provider’s editorial responsibility, as defined in Article 2(31) of the Draft Bill, that is, services whose principal purpose is to offer programmes or press publications to the public with the aim of informing, entertaining or educating. It therefore applies to media outlets operating online, but not to social-network users or general platforms that don’t exercise editorial control over the uploaded content.7
Simplified authorisation procedures
The entry-to-market process will be simplified considerably. Linear audiovisual services will still need prior authorisation from ALIM, while on-demand services will only need a simple notification within one month after launch. The former concession regime and supervision tax have been abolished, reducing administrative burden.8
Harmonised audiovisual obligations
The Draft Bill consolidates existing obligations for audiovisual media in a more flexible and consistent framework. The protection of minors remains central: programmes likely to harm minors must be clearly marked, and on-demand services must include parental control systems and restrict the commercial use of minors’ data.9
Media providers also have to improve accessibility for people with disabilities and ensure a significant presence of European works in their catalogues, with prominence requirements adapted to the size and nature of the service. Advertising and editorial content has to remain clearly separated, and audiovisual works can’t be modified or overlaid with advertisements without the provider’s consent.10
Strengthened oversight for platforms and influencers
Beyond the general obligations applicable to all media service providers, the Draft Bill introduces specific duties for video-sharing platforms.
These platforms have to implement transparent content moderation systems, allowing users to report and appeal content decisions, and take appropriate measures to protect minors and prevent the dissemination of illegal or harmful content. They also have to ensure advertising transparency, by clearly identifying sponsored or promotional content and disclosing information on targeting or recommendation criteria where relevant.11
While influencers aren’t directly targeted by these provisions, they’re already covered by the general framework discussed above as they’re now formally recognised as media service providers. They must comply with the general rules previously outlined, notably those on transparency, advertising, sponsorship and product placement.
A stronger and more independent regulator
The reform transforms the existing ALIA into the ALIM, which now has more independence and broader powers. ALIM will have investigative, supervisory and sanctioning authority, including the ability to issue warnings, suspend services, or impose fines of up to EUR250,000. It will also promote media pluralism, journalist protection, and media literacy, while cooperating with European counterparts through the European Board for Media Services.
All procedures will follow the principles of due process and allow for judicial review before the Administrative Tribunal.12
1Draft Bill n° 8625, Explanatory Memorandum and Article 1.
2Statement by Minister Elisabeth Margue during the presentation of the Draft Bill, Government Press Release, 7 October 2025.
3Draft Bill n° 8625, Articles 11–12.
4Regulation (EU) 2024/1083, Articles 5–6 (Transparency of media ownership and state advertising).
5Draft Bill n° 8625, Article 22.
6Draft Bill n° 8625, Article 23 and 24.
7Draft Bill n° 8625, Articles 25 and 26.
8Draft Bill n° 8625, Articles 13–20.
9Draft Bill n° 8625, Article 27.
10Draft Bill n° 8625, Articles 28–31.
11Draft Bill n° 8625, Articles 37–39.
12Draft Bill n° 8625, Title 4 – Governance and surveillance