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On 8 January 2024, the Dutch Media Authority (Commissariaat voor de Media, CvdM) issued a significant decision, imposing a fine on ESPN , a sports broadcaster, for numerous violations of the rules governing gambling advertising. This action follows the new legislation on gambling advertising coming into force in 2023 (see IRIS 2023-7/20) and previously in 2021 (see IRIS 2022-2/15). The CvdM stated that it attached “great importance” to compliance with these regulations, as they are designed to “protect minors”. Seeing advertising for gambling can lead to a “positive...

On 18 January 2024, the Netherlands Authority for Consumers and Markets (Autoriteit Consument & Markt) (ACM) published important draft Guidelines on the EU’s landmark Digital Services Act (DSA) (see, for example, IRIS 2023-3/18 and IRIS 2023-5/2). Notably, this follows the ACM being designated as the national Digital Services Coordinator in the Netherlands under the DSA under recent Dutch legislation (IRIS 2023-8/16). The draft Guidelines have been developed by the ACM to ensure that “market participants falling under the DSA are adequately prepared” for...

On 31 October 2023, the senate (Eerste Kamer) approved an important bill amending the Media Act (Mediawet) 2008. The bill was introduced in July 2022 by the Secretary of State for Culture and Media (Staatssecretaris Cultuur en Media) (see IRIS 2022-8/16) and will now require major streaming platforms – with an annual Dutch turnover of more than EUR 10 million – to invest 5% of that turnover in Dutch audiovisual productions such as series, films and documentaries (see IRIS 2023-7/10). The primary objective is to encourage Dutch cultural offerings – sports are explicitly excluded...

On 27 November 2023, the Secretary of State for Culture and Media issued a high-profile provisional decision, refusing a request by the Stichting Nederlandse Publieke Omroep (Dutch Public Broadcasting Foundation - NPO) to withdraw the recognition of the broadcaster Ongehoord Nederland (ON) as a public broadcaster. This follows the NPO having imposed three separate fines on the broadcaster, including a EUR 131 000 fine in April 2023 for “systemic violation” of the NPO Journalistic Code in relation to the broadcaster’s news programme; a EUR 84 000 fine in July 2022 for an earlier...

On 25 October 2023, the Nationaal Coördinator Antisemitismebestrijding (National Coordinator for Combating Anti-Semitism) issued a noteworthy recommendation, stating that both the Autoriteit Consument & Markt (Consumer and Markets Authority – ACM), and the Autoriteit Persoonsgegevens (Dutch Data Protection Authority – AP), “must immediately strictly monitor” whether online platforms Instagram and X (formerly Twitter) are complying with the law and tackling online anti-Semitism. Notably, the ACM will be designated as the national Digital Services Coordinator in the...