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The Audiovisual Media Authority (AMA) approved the amendments made to the Broadcasting Code on December 2017. The Broadcasting Code was first drafted and approved in 2014 by the regulator. In 2017, the Council of Complaints, the body in charge of public complaints related to ethics in broadcasting programmes, started a revision process of this Code. According to AMA’s press release, this revision was necessary “in view of the swift development of the audiovisual media industry, the trends in programme production, as well as the way information and entertainment offered by audiovisual operators...

On 31 January 2018, the European Commission decided that Sweden’s intention to impose a ban on alcohol advertising on two UK-based broadcasters that target mainly Swedish audiences is not compatible with EU law. This is the first Commission decision to be based on Article 4 of the Audiovisual Media Services Directive (2010/13/EU) (AVMSD). Under the AVMSD, the laws applicable to a broadcaster are determined on the basis of the country-of-origin principle. According to this principle, a broadcaster must comply only with the rules of the EU member state in which it is established, even if it broadcasts...

In a ruling of 21 February 2018 (case C-132/17), the Court of Justice of the European Union (CJEU) explained that neither a video channel on a video platform (in this case, YouTube), on which Internet users can only view short promotional videos, nor videos posted on such platforms, can be classified as audiovisual media services in the sense of the Audiovisual Media Services Directive (AVMSD - 2010/13/EU). The decision concerns a legal dispute between car manufacturer Peugeot Deutschland GmbH and the environmental and consumer protection organisation Deutsche Umwelthilfe e. V. Peugeot runs a channel...

On 10 January 2018, the Italian Communication Authority (AGCOM) issued Resolution No. 1/18/CONS to enact the provisions of the Par Condicio Law (Law No. 28 of 22 February 2000) applicable to private broadcasters during the electoral period preceding the general elections to be held on 4 March 2018. In particular, the resolution aims at ensuring the respect of some core principles, including pluralism, impartiality, independence and the completeness of media coverage of elections. With respect to broadcast media, specific rules are laid down to allot time in political communication programmes (that...

On 1 February 2018, the Italian Communication Authority (AGCOM) published guidelines to ensure equal treatment of parties/candidates on online platforms within the context of the next general elections. The guidelines are the result of the work performed within the context of a working group established by AGCOM containing representatives from major online platforms and newspapers. Although the guidelines constitute self-regulatory “soft law” and do not therefore have specific legal value, they nonetheless provide helpful insight into how operators and stakeholders are approaching Italian election...