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On 2 March 2022, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM), the German state media authorities’ central supervisory body for the protection of minors in private broadcasting and telemedia, issued a blocking order against the xHamster pornography portal on account of breaches of the Jugendmedienschutzstaatsvertrag (Interstate Treaty on the Protection of Minors in the Media – JMStV). As a result, the five largest German Internet providers were the first to be required to block access to the website “de.xhamster.com”...

In a referendum with a 44.23% turnout held on 13 February 2022, the Swiss population approved the popular initiative “Yes to protecting children and young people from tobacco advertising (No tobacco ads for children and young people)” with a 56.61% majority. The initiative makes direct provision for an amendment of the Federal Constitution of the Swiss Confederation. In Chapter 3 (Social Objectives) of the Constitution, Article 41(1)(g) will stipulate that the Confederation and the cantons shall, “as a complement to personal responsibility and private initiative”, no...

Following the television broadcast of an advertisement for “Nana” sanitary products in September and October 2019, the Pornostop organisation, whose primary goal is to prevent minors being exposed to pornography, asked the Conseil supérieur de l'audiovisuel (the French audiovisual regulator – CSA) to issue a formal notice to the television companies concerned, demanding that they respect their obligations to protect children. After the CSA rejected its request, Pornostop requested the annulment of the CSA’s initial decision and its subsequent rejection of...

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...

On 15 December 2021, the new Online Gambling Advertising Code 2021 (Reclamecode voor Online Kansspelen) was published by the Dutch Advertising Code Foundation (Stichting Reclame Code) (SCC), which is the self-regulatory body for advertising, including broadcast advertising, in the Netherlands. The Code builds upon the new rules contained in the recently-enacted Online Gambling Act 2021, which introduced new provisions on online gambling advertising, and included amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Importantly, the new Code has a number of notable provisions applicable...