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On 22 December 2022, the national Parliament of Georgia adopted a draft law “On amendments to the law on broadcasting”. The 2004 law has been amended several times (see IRIS 2005-7/24, IRIS 2011-10:1/22, IRIS 2013-8:1/23); this time the amendments were aimed at achieving compliance of the Georgian legislation with the EU Audiovisual Media Services Directive (AVMSD). Most of the amendments relate to the definitions of the key notions of the law, including the activity of the audiovisual (AV) media regulatory authority, the “authorisation” procedures for activities in the...

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...

Tabled by MPs Arthur Delaporte (Socialist Party) and Stéphane Vojetta (Renaissance Party), the bill “to regulate influencer marketing and combat abuses by influencers on social networks” was adopted at first reading by the National Assembly on 30 March 2023. The text contains amendments proposed by the Ministry of the Economy based on the conclusions of a report on the regulation of the influencer marketing sector published on 24 March. A code of conduct for influencers and content creators, explaining influencers’ rights and fiscal, social and regulatory obligations, has...

While a system for checking the age of users of public online communication services that provide access to pornographic content is currently being trialled in France, the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) noted on 3 April 2023 that the websites Heureporno and xHamsterLive simply required users to state that they were adults with a single click in order to access such content, while no age checks at all were carried out by the website Folieporno. The regulator pointed out that simply requiring...

On 27 March 2023, the Samenwerkingsplatform Digitale Toezichthouders (Digital Supervisory Cooperation Platform — SDT), which is comprised of four major Dutch regulatory authorities, published its first regulatory guidance principles, in relation to online child marketing, and on ensuring effective online transparency. The SDT also announced that it had established a new regulatory Chamber to coordinate supervision under the EU’s recently enacted Digital Services Act. The SDT is an important regulatory cooperation platform established by the Autoriteit Consument & Markt (Netherlands...