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IRIS 2019-7:1/23 [NL] Media authority to work more closely with Data protection authority

On April 23rd, 2019, the Commissariaat voor de Media (the Dutch Media Authority) and the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority) announced that they are intensifying the level of their cooperation with each other and that they have accordingly agreed on a cooperation protocol. Their collaborative efforts will focus on supervision and enforcement in respect of media institutions. The aim of the protocol is to set out the relationship between the authorities in this context, and to improve transparency. The general principles of the cooperation are set out in chapter two...

IRIS 2019-7:1/21 [IT] AGCOM sets forth new guidelines defining the restrictions on gambling and betting advertisements

On 18 April 2019, through Resolution No. 132/19/CONS, the Italian Communications Authority (AGCOM) issued guidelines (Guidelines) to implement the provisions of Article 9 of the so-called Dignity Decree (“Decreto Dignità”, Decree Law No. 87/2018). The Guidelines aim at achieving a high degree of consumer protection, with particular emphasis on “vulnerable” categories (gambling addicts, minors and seniors) by ensuring the transparency of conditions and services offered in order to promote an educated gaming choice. Consumer protection is also ensured by using the recognisable logos of the Customs...

IRIS 2019-7:1/7 [DE] Courts decide on NPD European election ads

The Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) of the Federal Republic of Germany recently took two decisions in urgent proceedings concerning election campaign ads for the NPD political party, while a third case was decided by the Hessische Verwaltungsgerichtshof (Hessian Administrative Court - VGH). A number of public service television and radio broadcasters had refused to broadcast the ads. In two of the three cases, the courts decided that they had been wrong to do so. Under provisions such as Article 11(1) of the ZDF-Staatsvertrag (Inter-State Agreement on ZDF), political...

IRIS 2019-6:1/19 [NL] Two Dutch public service broadcasters fined by the Dutch Media Authority for prohibited communications

In two decisions of 26 February 2019 and 12 March 2019, the Dutch Media Authority (Commissariaat voor de Media - CvdM) fined two Dutch public service broadcasters for infringing the Dutch Media Act (Mediawet 2008). According to the CvdM, the public broadcasters are both liable for prohibited forms of expression in one of their television shows. Under the Dutch Media Act, media offered by public service broadcasters are not allowed to contain avoidable expressions (vermijdbare uitingen) that clearly have the effect of promoting the purchase of certain products or services (article 2.89). This provision...

IRIS 2019-6:1/4 European Commission: March 2019 monthly reports from Facebook, Google and Twitter

On 23 April 2019, the European Commission published the monthly reports from Facebook, Google and Twitter concerning actions taken during March 2019 to implement their commitments related to the Code of Practice on Disinformation. The reports demonstrate that all three platforms appear to have stepped up their efforts to combat false and misleading information in the run-up to the European Parliament elections. In particular, measures have been taken to ensure the findability and labelling of political advertising. The Code of Practice on Disinformation, drawn up last year by the working group...