Search results : 1510

On 21 December 2018, the provisional relief judge of the District Court of Amsterdam (“the District Court”) ruled on a dispute between PVH B.V. (“PVH”) and two of its subsidiaries on one side, and Facebook Ireland Limited and Facebook Netherlands B.V. (“Facebook”) on the other side. Most notably, the District Court ruled that Facebook did not fall within the scope of the safe harbour provided by Article 14 eCommerce Directive, as implemented by Article 6:196c(4) of the Dutch Civil Code (Burgerlijk Wetboek - “the DCC”). The dispute arose after numerous advertisements were shown on Facebook’s platforms,...

On 25 January 2019, the Broadcasting Authority issued a new directive to radio broadcasters which is totally innovative in so far as it allows - for the very first time in Maltese broadcasting history - paid electoral advertisements on nationwide radio stations. However, the advertisements allowed are restricted to the announcement of information meetings to be held by prospective electoral candidates not to serve as “propaganda” for these candidates. The directive allows national radio stations to provide airtime to Maltese candidates standing for election to the European Parliament. National...

After several setbacks, on 18 October 2018, the Parliament of the Republic of Moldova adopted in its final reading the Audiovisual Media Services Code of the Republic of Moldova, which creates the framework required for implementation of the EU’s Audiovisual Media Services Directive (“the AVMS Directive”). As the President refused to sign it, it was promulgated on 8 November 2018 by the chairman of the Parliament. The new law replaces an earlier Audiovisual Code from 2006 (see IRIS 2006-9/27). It brings national legislation more into line with the AVMS Directive, especially in the fields of the...

The Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM), pursuant to Article 43 of the Italian AVMS Code (Legislative Decree No. 177/2005), has to periodically conduct a specific analysis to estimate the resources included in the so-called SIC (Sistema Integrato delle Comunicazioni - Integrated Communications System). The provision aims at ensuring pluralism in the communications field by preventing dominant positions from being attained in the sector, meaning that providers registered as communications operators cannot collect, either directly or indirectly,...

On 12 December, 2018, by way of Resolution No. 595/18/CONS, AGCOM issued the Regulation governing programming and investment obligations for the promotion of European works and works by independent producers (“the Regulation”). The Regulation was adopted pursuant to Article 44-quinquies of the AVMS Code (Legislative Decree No. 177 of 31 July, 2005), as recently amended by Legislative Decree No. 204 of 7 December, 2017 as part of the so-called Franceschini Reform (Law No. 220 of 14 November, 2016).  On 22 January, 2019, the Regulation was amended by AGCOM Resolution No. 24/19/CONS to take into account...