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On 29 September 2024, the national parliamentary election in Austria will shape the course of the implementation of a ruling by the Constitutional Court (the VfGH), which declared certain provisions governing Austria's public service media (PSM) organisation, the Austrian Broadcasting Corporation (ORF), unconstitutional. The ruling issued on 5 October 2023 pursuant to Article 140 of the Federal Constitutional Law (B-VG), following a public oral hearing and a request for judicial review, will take effect on 31 March 2025, with the previous provisions not being reinstated. The legislature...

Due to the recent Regulation on Video Sharing Platforms (VSP) (Resolution No. 298/23/CONS) (see IRIS 2024-1:1/13 and 2024-3:1/15), the Italian Communications Authority (AGCOM) swiftly intervened to remove several videos disseminated on YouTube and X. Following Article 8 of the VSP Regulation and a report from the Italian Ministry of Foreign Affairs, AGCOM requested YouTube and X (formerly Twitter) to remove multiple videos related to a documentary produced by the Russia Today TV channel, accessible from Italy. The documentary in question offers a one-sided account of the events in the Donbass...

First, the Italian Council of State (through Judgment No. 4277 of 13 May 2024, regarding the Google Search service) and then the Regional Administrative Court (TAR) for Lazio (through Order No. 1940 of 16 May 2024, regarding the YouTube video-sharing platform service, and Order No. 2272 of 31 May 2024, regarding the X service) confirmed the sanctioning measures adopted by the Italian Communications Authority (AGCOM) against Google Ireland Limited and Twitter International Unlimited Company for violating the ban on advertising gambling with cash winnings introduced by Article 9 of Decree Law No....

The Italian Communications Authority (AGCOM) has, for the first time, sanctioned the Twitter International Unlimited Company, owner of the video-sharing platform X, for violating the ban on gambling advertising, pursuant to Article 9 of the Dignity Decree, imposing a fine of EUR 1 350 000.00. In particular, following numerous reports of alleged violations of the ban on online gambling advertising, AGCOM initiated and concluded a sanctioning procedure finding nine violations, one each for nine individual accounts, all marked with the blue tick. These violations related to content of an advertising...

In April 2022, the European Commission published a legislative proposal for a Directive on the protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings, now commonly referred to as the anti-SLAPP Directive. The Commission’s proposal aimed at providing safeguards for natural and legal persons who engage in public participation on matters of public interest against manifestly unfounded or abusive court proceedings, which are initiated to deter them from public participation. The prevalence of SLAPPs (strategic lawsuits against public participation) has...