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The Court of Justice of the European Union (CJUE) issued a judgment (C‑376/22) in a case opposing Google Ireland Limited, Meta Platforms Ireland Limited and TikTok Technology Limited to the Kommunikationsbehörde (the Austrian National regulatory Authority – KommAustria) - on 9 November 2023. This judgment follows the request for a preliminary ruling made by the Verwaltungsgerichtshof (Supreme Administrative Court of Austria) under Article 267 TFEU on 24 May 2022. Google, Meta and TikTok, while established in Ireland, provide communication platform services abroad, in particular in...

With the adoption of Law n. 93 of 14 July 2023, in force since 8 August 2023, the Italian Communications Regulatory Authority (AGCOM) has been provided with new and relevant powers for copyright protection on electronic communications networks (see IRIS 2021-8:1/28, 2020-7:1/26, 2019-2:1/17. 2017-10:1/25, 2017-5:1/ 26). In particular, pursuant to article 2 of this Law, AGCOM is now entitled to order service providers, including network access providers, to prevent access to illegally disseminated contents within 30 minutes by blocking DNS resolution of domain names and blocking the routing of...

On 15 May 2023, the board of ALIA (the Luxembourg Independent Authority for Audiovisual Media) issued a decision concerning the programme "Ficus for the Boss" broadcast on 19 January 2022 on the N1 television channel as part of a current affairs programme, after the REM (the Serbian Regulatory Authority) had forwarded a complaint reporting hateful content against Ana Brnabić (prime minister and member of the Serbian Progressive Party). According to the REM, the content of the programme stigmatised the prime minister by making an inappropriate comparison between her and people who collaborated...

On 3 May 2023, Ofcom (the UK’s independent communications regulator) gave an update on the repeal of the video-sharing platform (VSP) regulatory framework and what this means for providers in moving to the new online safety regime. Background On 5 December 2022, the UK Government set out the process for repealing the VSP regime in an amendment to the forthcoming Online Safety Bill (OSB). The OSB establishes a new regulatory framework to achieve “the adequate protection of citizens from harm presented by content on regulated services, through the appropriate use by providers of...

With Resolution no. 76/23/CONS of 16 March 2023, the Italian Communications Authority launched a public consultation on the draft regulation for the implementation of Article 41, paragraph 9, of the legislative decree of 8 November 2021, no. 208 (so-called TUSMA). The regulation will apply to programmes, user-generated videos and audiovisual commercial communications addressed to the Italian public and conveyed by a platform whose supplier is established in another Member State. The consultation will last 30 days from 19 April 2023. In particular, the regulation provides for the removal...