IRIS newsletter 2025-4

Publisher:

European Audiovisual Observatory
76, allée de la Robertsau
F-67000 STRASBOURG

Tel. : +33 (0) 3 90 21 60 00
E-mail: obs@obs.coe.int
www.obs.coe.int

Comments and Suggestions to: iris@obs.coe.int

Executive Director: Susanne Nikoltchev

Maja Cappello, Editor • Sophie Valais, Amélie Lacourt, Olivier Hermanns, Justine Radel, Deputy Editors (European Audiovisual Observatory)

Documentation/Press Contact: Alison Hindhaugh

Tel.: +33 (0)3 90 21 60 10

E-mail: alison.hindhaugh@coe.int

Proofreading of machine translations:

Aurélie Courtinat • Paul Green • Marco Polo Sarl • Nathalie Sturlèse • Erwin Rohwer • Sonja Schmidt • Ulrike Welsch

Proofreading of original texts:

Olivier Hermanns and Amélie Lacourt • Linda Byrne • David Windsor • Aurélie Courtinat • Barbara Grokenberger

Web Design:

Coordination: Cyril Chaboisseau, European Audiovisual Observatory

ISSN 2078-6158

To promote inclusive language, we follow the guidelines of the Council of Europe.

Editorial

After the winter, the return of sunnier days often feels like freedom: we are finally free from the cold, from the rain and from the gloom of early nightfall. This month’s Newsletter, however, highlights another kind of freedom: freedom of expression.

In the Netherlands, the courts upheld freedom of expression by refusing to remove a public broadcaster’s investigative programme, emphasising that commercial companies must tolerate greater scrutiny when subjected to critical journalism. Meanwhile, in France, the Conseil d’Etat overturned the Prime Minister's ban on TikTok in New Caledonia, deeming it a disproportionate restriction on freedom of expression. On the international stage, the European Court of Human Rights ruled that Azerbaijan had violated Article 10 ECHR by refusing to grant broadcasting licences, and the EU General Court dismissed claims that the restrictions targeting Russian outlets violated internet service providers' rights under EU law, since they were proportionate responses to Russia's aggression and adequately justified by the Council.

Beyond these cases, there are other intriguing topics to explore: new Council of Europe tools to combat hate speech, Italy’s first authorisations for FAST channels, or the UK sanction over age verification failures.

And if you have a little more time, you can delve into our very last publication on independent productions or our new tables on the independence of public service media.

Enjoy the read!

Maja Cappello, Editor

European Audiovisual Observatory

International

COUNCIL OF EUROPE

Azerbaijan

European Court of Human Rights: radio licensing process in Azerbaijan not prescribed by law

In a judgment of 18 February 2025, the European Court of Human Rights (Third Section) held unanimously that there had been a violation of Article 10 of the European Convention on Human Rights (ECHR) in the case of Objective Television and Radio Broadcasting Company and Others v. Azerbaijan. The case involved the refusal by the National Television and Radio Council (NTRC) to grant the applicants a broadcasting licence following a call for tenders. In 2010, the NTRC announced a call for tenders for a broadcasting licence for the 103.3 FM radio frequency. The announcement set out a list of required...

EU: European Commission

Commission Decision on the processing of personal data for the purpose of supervision, investigation, enforcement and monitoring under the DSA

On 31 March 2025, the European Commission adopted Decision (EU) 2025/628, establishing internal rules for the European Commission’s handling of personal data during supervisory, investigative, enforcement and monitoring activities under the Digital Services Act (DSA). The decision aims to provide a balance between effective regulatory enforcement and individual data protection rights. It addresses in particular the rules to be followed by the Commission to inform data subjects of the processing of their personal data (Article 4), as well as the restriction of certain rights of data subjects...

ECJ dismisses claims that Council decisions and regulations targeting Russian outlets violate internet service providers' rights under EU law

On 26 March 2025, the General Court delivered its judgement in case T-307/22 opposing A2B Connect BV, BIT BV and Freedom Internet BV, three information society operators established in the Netherlands, to the Council of the European Union. The case concerns the European Union's restrictive measures against Russia following its actions destabilising Ukraine, particularly after the illegal annexation of Crimea in 2014 and the full-scale invasion of Ukraine in 2022. The applicants challenged specific EU Council decisions and regulations that restricted broadcasting and advertising by certain...

Belgium

[BE] CSA decides not to sanction broadcaster for failing to meet its obligations to broadcast French-speaking Belgian works in 2023

In a decision of 27 March 2025, the Collège d'autorisation et de contrôle (authorisation and supervision panel) of the Conseil supérieur de l'audiovisuel (audiovisual regulatory body – CSA) announced that it did not consider it appropriate to sanction the broadcaster Be TV SA for “failing to fulfil its obligations to broadcast audiovisual works of French-speaking Belgian origin, in breach of Article 4.2.2-1, § 1 of the decree on audiovisual media and video-sharing services”. In its decision, the panel stated that, in its opinion no. 100/2024...

[DE] ARD and ZDF continue extensive film funding under 15th film/television agreement

In mid-February 2025, Zweite Deutsche Fernsehen (ZDF) and the regional public broadcasters that form the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) announced that they would continue their extensive voluntary film funding programme. Together with the German Filmförderungsanstalt (Film Support Agency – FFA), which is responsible for film funding in Germany, ARD and ZDF have each signed the 15. Film/Fernsehabkommen (15th film/television agreement). According to Article 132 of the Filmförderungsgesetz (Film Support...

[DE] AfD's urgent appeal against Berlin-Brandenburg media authority election advert ban unsuccessful

On 13 February 2025, the Verwaltungsgericht Potsdam (Potsdam Administrative Court) rejected an urgent appeal by the Brandenburg division of the Alternative für Deutschland (Alternative for Germany – AfD) party against an order by the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority – mabb) prohibiting the unrestricted distribution and making available of one of the party’s election commercials (case no. VG 11 L 74/25). During the Brandenburg state parliament election campaign in September 2024, AfD Brandenburg, assisted by AI, had created an election...

[DE] Federal Supreme Court suspends proceedings on social networks’ liability for memes with identical content pending ECJ ruling

In a decision of 18 February 2025, the Bundesgerichtshof (Federal Supreme Court – BGH), Germany's highest civil court, suspended proceedings concerning the liability of social networks for content that is identical or similar to content that has already been declared illegal by a court. The BGH wants to review the European Court of Justice’s decision in case C-492/23 (Russmedia Digital and Inform Media Press), which also deals with the questions referred for a preliminary ruling as to whether providers of hosting services are obliged to check the legality of content before publishing...

[FR] Conseil d'État upholds ARCOM decision not to renew NRJ 12 and C8 licences

NRJ 12 and C8 asked the Conseil d'Etat (Council of State) to annul the decision taken by the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) not to renew their digital terrestrial television licences on the grounds that it had exceeded its powers. They also requested the annulment of ARCOM’s decision to grant licences to Ouest-France TV and CMI France, as well as its decision not to allocate all the frequencies mentioned in the call for applications after the Canal Plus group announced it was removing...

[FR] Prime Minister’s TikTok ban in New Caledonia overturned as disproportionate infringement of freedom of expression

La Quadrature du net, the Ligue des droits de l'homme, residents of New Caledonia and others asked the Conseil d’Etat (Council of State), on the grounds of abuse of power, to annul the French prime minister’s decision of 14 May 2024 to interrupt access to the online public communication service TikTok in New Caledonia due to exceptional circumstances. The prime minister lifted this measure on 29 May 2024. At the same time, a decree issued by the Council of Ministers on 15 May 2024 declared a state of emergency in New Caledonia with effect from the same day. This ended 12 days later,...

[GB] Geo News violates Ofcom Boradcasting Code by excluding election candidates and failing to list all names

Ofcom received three complaints regarding the Geo News current affairs programme "Aapas Ki Baat" (the programme), which aired on 25 June 2024, in the run-up to the UK General Election on 4 July 2024. The complaints concerned interviews with Labour Party and independent candidates from the Birmingham Ladywood, Hall Green, and Moseley constituencies, while failing to include other candidates from those constituencies. The opportunity to take part in the programme was not offered to all the candidates, and a full list of candidates standing for election in each featured constituency was...

[GB] Ofcom imposes £150,000 penalty on Word Network for airing potentially harmful religious programming

On 11 March 2025, the UK’s communications regulator, Ofcom, imposed a financial penalty of £150,000 on Word Network Operating Company Inc. for serious breaches of the UK Broadcasting Code. The decision follows the broadcast of two episodes of Peter Popoff Ministries on The Word Network in May 2023, which included repeated claims that a product called "Miracle Spring Water" could cure serious illnesses and resolve financial problems. Ofcom concluded that these programmes breached rules relating to harm and offence, religious exploitation, and undue promotion. In addition to...

[GB] Ofcom sanctions OnlyFans provider £1.05m over age verification failings

On 27 March 2025, the UK’s communications regulator, Ofcom, imposed a financial penalty of GBP 1.05 million on Fenix International Limited, the company behind OnlyFans, following an investigation into its age assurance practices. The penalty stems from Fenix’s failure to provide accurate and complete responses to two statutory information requests concerning its age verification systems on the adult content platform. Following an investigation launched in May 2024 under the video-sharing platform (VSP) framework (introduced in 2020 by Part 4B of the Communications Act 2003), Ofcom...

[IT] AGCOM grants first authorisations for FAST channels

On 19 March 2025, AGCOM (Italy’s Communications Authority) issued the first two Italian authorisations for the provision of audiovisual media services via alternative communication networks (excluding digital terrestrial and satellite broadcasting) to Fast Channel Network S.r.l. for the channels “Soap Latino” and “Soap Turco”. These are free, linear television channels classified as FAST (Free Ad-Supported Streaming Television) channels, which operate over the Internet protocol (IP) and are, therefore, exclusively accessible via Internet-connected TVs. The...

[LU] Audiovisual media service failed to comply with due diligence obligation

Luxembourg-based company CLT-UFA S.A., Hungarian Broadcasting Division, notified the on-demand audiovisual media service RTL+ (VOD) to the Luxembourg authorities, thereby granting jurisdiction to the country’s regulator. RTL+ broadcasts programmes in Hungary, including the scripted reality show Való Világ. On 18 July 2024, RTL+ broadcast an episode of the Való Világ programme in which a male contestant engaged in unwanted physical touching, including of a female contestant’s private parts, reflecting clear physical coercion of the female contestant....

[NL] Court refuses to order removal of broadcaster’s investigative programme

On 19 March 2025, the Rechtbank Den Haag (District Court of The Hague) delivered an important ruling on investigative journalism reporting on commercial companies. The Court refused an application to prevent further broadcast of an episode of a public broadcaster’s investigative programme on a Dutch-based company involved in the international oil industry, holding that such a commercial company must tolerate a “greater level of criticism” when it is the subject of “critical” investigative-journalism reporting. The case arose on 16 March 2023, when the investigative...

[NL] The Dutch Media Authority publishes draft Policy Rule on the qualification of on-demand commercial media services

On 4 March 2025, the Dutch Media Authority (Commissariaat voor de Media) published the draft 2025 Policy Rule on the qualification of on-demand commercial media services (draft 2025 Policy Rule). It will replace the previous policy rule adopted in 2022 (2022 Policy Rule). Both the 2022 Policy Rule as well as the draft 2025 Policy Rule are based on the Dutch Media Act of 2008 (the Act), which was amended in 2020 in the course of the implementation of revised Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down...