IRIS newsletter 2024-10
Publisher:
European Audiovisual Observatory
76, allée de la Robertsau
F-67000 STRASBOURG
Tel. : +33 (0) 3 90 21 60 00
Fax : +33 (0) 3 90 21 60 19
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, 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
Translations:
Sabine Bouajaja, European Audiovisual Observatory (co-ordination) • Paul Green • Marco Polo Sarl • Nathalie Sturlèse • Brigitte Auel • Erwin Rohwer • Sonja Schmidt • Ulrike Welsch
Corrections:
Sabine Bouajaja, European Audiovisual Observatory (co-ordination) • Sophie Valais and Amélie Lacourt • Linda Byrne • Glenn Ford • David Windsor • Aurélie Courtinat • Barbara Grokenberger
Web Design:
Coordination: Cyril Chaboisseau, European Audiovisual Observatory
ISSN 2078-6158
© 2024 European Audiovisual Observatory, Strasbourg (France)
Editorial
As the days grow shorter and trees lose their last leaves, it is time for the Observatory to release this year's final edition of the newsletter, packed with a vibrant mix of topics!
On the traditional broadcasting scene, several European countries are making significant regulatory adjustments. The Italian regulator has adopted guidelines on the prominence of audiovisual and radio media services of general interest. Spain is witnessing a shift in public service media governance, with the government approving changes to the RTVE Board of Directors. Meanwhile, the Netherlands is focusing on improving the safety of public participation through legislation implementing the EU's anti-SLAPP directive.
The digital landscape also came under increased scrutiny across Europe. The UK Financial Conduct Authority stepped up its efforts to curb unauthorised "finfluencer" promotions. In Ireland, Coimisiún na Meán's findings regarding terrorist content on major platforms such as TikTok, X and Meta highlight the importance of platforms' responsibility.
With a little hindsight, we also gain clearer insights into the EU's legislative agenda. The European Commission has published its findings with regard to the Digital Fitness Fairness Check, launched back in 2022. And as part of the implementation process of the AI Act, independent experts have published the first draft of a General-Purpose AI Code of Practice, to be finalised by May 2025.
As we dim the lights and draw the curtains on this year’s Newsletter publications, we look forward to returning in 2025. In the meantime, if you are eager for more, feel free to explore some of our latest reports on AI, video games, or the protection of minors online.
Thank you for being a part of this journey with us. I wish you a peaceful end to the year.
Enjoy the read!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
Armenia
European Court of Human Rights: Aghajanyan v. Armenia
The European Court of Human Rights (ECtHR) has added a new and interesting judgment to its case-law on the right to freedom of expression in the workplace and the horizontal effect of the right to freedom of expression in private relations (see also Halet v. Luxembourg, IRIS 2023-4:1/23; Herbai v. Hungary, IRIS 2020-1:1/4; and Fuentes Bobo v. Spain, IRIS 2000-4:1/1). The case concerns the dismissal in 2010 of a senior employee in a chemical factory on the ground that he had disclosed sensitive information concerning the factory in an interview with a journalist. In this interview the employee raised...
Portugal
European Court of Human Rights: Tânia Alexandra Ferreira e Castro da Costa Laranjo v. Portugal
The European Court of Human Rights (ECtHR) has dismissed the complaint of a journalist invoking her right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The case concerns the criminal conviction of Tânia Alexandra Ferreira e Castro da Costa Laranjo for the publication of an article based on an audio recording of a taped telephone conversation between two politicians, without their consent. The litigious article was published in a tabloid newspaper and quoted from a taped telephone conversation between two politicians, A.V., a former minister,...
Republic of Türkiye
European Court of Human Rights: Özlü v. Türkiye and three other judgments v. Türkiye relating to content on social media
The European Court of Human Rights (ECtHR), in a judgment of 8 October 2024, once again found a violation by the Turkish authorities of the right to freedom of expression on social media, as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). In Özlü v. Türkiye the ECtHR found that some statements on Twitter (now X) posted by the applicant might be regarded as a sharp and exaggerated criticism of the organs of the state and its officials, but it found that they were not gratuitously offensive or insulting and did not incite violence or hatred. The ECtHR concluded...
EUROPEAN UNION
AI Office
First draft of the General-Purpose AI Code of Practice
While the EU AI Act came into force on 1 August 2024, the rules on general-purpose AI will, for their part, become effective in August 2025. As part of the implementation process, and as mandated by Article 56 of the AI Act, the AI Office is to encourage and facilitate the drawing up of codes of practice at Union level in order to contribute to the proper application of the act’s provisions on general-purpose AI models. These notably include provisions related to transparency, copyright, systemic risk taxonomy, risk assessment, and mitigation measures. The development process of this...
EU: European Commission
European Commission's findings on the digital fairness fitness check
Back in 2020, the European Commission announced in its consumer policy strategy that it would analyse whether additional legislation or other action was needed to ensure equal fairness online and offline. A fitness check on the digital fairness of three consumer law directives was therefore launched in 2022: - the Unfair Commercial Practices Directive - the Consumer Rights Directive - the Unfair Contract Terms Directive. The European Commission’s findings were published on 3 October 2024 in the form of a staff working document, which evaluates whether the EU consumer protection...
EU: European Commission
X's online social networking service not designated as gatekeeper
The Digital Markets Act (DMA) establishes criteria for designating companies as "gatekeepers" in the digital market. Gatekeepers are entities that: (i) have a significant impact on the internal market, (ii) provide core platform services (CPS) that serve as important gateways for business users to reach end users, and (iii) enjoy an entrenched and durable market position (Article 3(1) DMA). Additionally, companies meeting certain turnover thresholds are presumed to be gatekeepers (Article 3(2) DMA). From March 2024 onwards, the European Commission and X started discussing...
European Digital Media Observatory
EDMO’s media literacy guidelines
The European Digital Media Observatory (EDMO), a European Union-funded initiative managed by a consortium led by the European University Institute, was set up as part of the European Commission's 2018 action plan against disinformation. Aiming to enable and strengthen cooperation between stakeholders to combat disinformation and promote media literacy across Europe, the EDMO community is large and acts as a hub, bringing together fact-checkers, media literacy experts and academic researchers, media organisations, online platforms and media literacy practitioners. This month, the EDMO launched...
NATIONAL
Germany
[DE] Federal Constitutional Court rules in dispute over public broadcasters’ presentation of election results
On 21 September 2024, the Bundesverfassungsgericht (Federal Constitutional Court – BVerfG) issued an interim decision in which it overturned a previous ruling of the Oberverwaltungsgericht Berlin-Brandenburg (Berlin-Brandenburg Higher Administrative Court – OVG) of 18 September 2024 regarding the presentation of election results by public broadcasters. Unlike the OVG, the BVerfG thought that ordering Rundfunk Berlin-Brandenburg (Berlin-Brandenburg state broadcasting authority – rbb) to show the individual election results of parties receiving more than 2% of votes and therefore...
[DE] Fifth state media treaty clarifies media authority supervision under DSA youth protection rules
On 1 October 2024, the Fünfte Staatsvertrag zur Änderung medienrechtlicher Staatsverträge (fifth state treaty amending the state media treaty – 5. MÄStV) came into force, primarily to introduce changes necessitated by the entry into force of the Digital Services Act (DSA). It deals, firstly, with the relationship between the Medienstaatsvertrag (state media treaty – MStV) and Jugendmedienschutzstaatsvertrag (state treaty on the protection of minors in the media – JMStV) and the DSA and the German law transposing it, and, secondly, with the supervision provided...
[DE] KEF publishes special report on financial impacts of possible public broadcasting reforms
On 27 September, the Kommission zur Ermittlung des Finanzbedarfs der Rundfunkanstalten (Commission for Determining the Financial Requirements of Broadcasters – KEF) submitted a special report on the financial impacts of possible approaches to public broadcasting reforms to the Rundfunkkommission (Broadcasting Commission) of the German Länder, which are currently discussing such reforms. The report, designed to help legislators determine the future remit and structure of public service broadcasting, deals with specific questions submitted to the KEF by the Länder. The KEF plays...
Denmark
[DK] Danish Act on Cultural Contribution accepted by the EU Commission.
On 30 May 2024 the Danish Parliament passed a bill on Certain Media Service Providers’ Contribution to Promote Danish Culture (the Act), with entry into force on 1 July. Prior to this, the Act had been adjusted somewhat to comply with the European Commission’s comments from early May. The purpose of the Act is to introduce an obligation for VOD service providers to pay a cultural contribution to promote Danish culture. Under the Act, providers of VOD services must make an annual payment to the Danish state of 2% (the "basic levy") of their turnover in Denmark stemming...
Spain
[ES] The Spanish Government approves changes to the RTVE board of directors in a context of corporate crisis and instability
On 22 October 2024, Royal Decree-Law 5/2004 amending the governance model of the state-level public service broadcaster (RTVE) was published. Against the backdrop of a corporate crisis, the public corporation has been in a situation of institutional standstill and its board of directors in a state of provisionality since the resignation of José Manuel Pérez Tornero in September 2022, who was the last president of RTVE elected by the Congress of Deputies. In consideration of this the Spanish Government decided to change the Board of Directors’ composition, increasing the number...
France
[FR] ARCOM publishes minimum technical standards for age verification systems
The Loi visant à sécuriser et réguler l'espace numérique (Law aiming to secure and regulate the digital space – SREN) of 21 May 2024 contains provisions aimed at preventing minors from accessing pornographic websites in accordance with Article 227-24 of the Penal Code, and requires the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) to publish a framework document setting out minimum technical standards to be met by age verification systems. Published on 22 October,...
[FR] The exhaustion of distribution rights rule does not apply to video games
Valve Corporation, an American company, offers, via the ‘Steam’ platform, an online distribution service for digital content such as video games, developed by Valve or third parties, software, films and television series that can be downloaded to the user's computer, as well as associated services such as functions allowing users to exchange with other Internet users or to participate in games with several players. To use this platform, subscribers must download software and accept the Steam Subscription Agreement. The online availability of video games and related services was...
[FR] Visibility of audiovisual services on connected devices: ARCOM adopts two decisions on general interest services
Today, the vast majority of television viewers watch audiovisual content on smart TVs and other connected devices. The interfaces on these devices are operated by a variety of companies, including Internet access providers and their boxes, smart TV manufacturers and app stores that aggregate numerous audiovisual services. Viewers are therefore finding it more and more difficult to access their favourite services and programmes quickly and easily. In order to address the problems that this creates in terms of pluralism and cultural diversity, ARCOM has adopted two decisions on the visibility...
United Kingdom
[GB] The FCA intensifies crackdown on unauthorised "finfluencer" promotions
The UK’s Financial Conduct Authority (FCA) is ramping up its regulatory scrutiny of social media influencers, popularly known as “finfluencers”, who use their platforms to promote financial products. In a significant development, the FCA has called in 20 individuals for interviews under caution. In conjunction with these interviews, the FCA issued 38 alerts targeting social media accounts managed by finfluencers suspected of promoting financial products unlawfully. These recent actions form part of the FCA’s ongoing strategy to curb misleading financial promotions, particularly...
Ireland
[IE] Irish Media Commission determines TikTok, X and Instagram are exposed to terrorist content
On 13 November 2024, the Irish national media regulatory authority, Coimisiún na Meán (the Commission), announced that it had determined that TikTok, X and Instagram were "exposed to terrorist content". The decision was reached in accordance with its Decision Framework on Hosting Service Provider Exposure to Terrorist Content published in June 2024. The Decision Framework defines "terrorist content", in its introduction, as content that incites, solicits, threatens or instructs on the commission of terrorist offences. A longer, more detailed definition is included...
Italy
[IT] The Italian Communications Authority (AGCOM) adopts guidelines on the prominence of audiovisual and radio media services of general interest
In its board meeting of 9 October 2024, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni – AGCOM) approved the Guidelines on the prominence of audiovisual and radio media services of general interest (the Guidelines). The Guidelines are aimed at ensuring a prominent position for services of general interest on television screens, without prejudice to the possibility for users to customize how services are displayed, as required under the European Media Freedom Act (Regulation (EU) 2024/1083). To do so, the Guidelines lay down the criteria to...
Netherlands
[NL] Bill implementing the EU Anti-SLAPP Directive published
On 7 October 2024, the Dutch Government published an important bill to implement the 2024 EU Directive on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (strategic lawsuits against public participation – SLAPPs), known as the Anti-SLAPP Directive (see IRIS 2024-3/5 and IRIS 2022-5/6). The purpose of the directive is to provide safeguards against SLAPPs, which are manifestly unfounded claims or abusive court proceedings brought against natural and legal persons on account of their engagement in public participation. Notably,...
[NL] Court rules that investigative broadcast journalist can invoke right to protection of journalistic sources
On 7 November 2024, the Rechtbank Rotterdam (District Court of Rotterdam) delivered an important ruling on the protection of journalistic sources, and when courts can compel journalists to testify in criminal proceedings. Notably, the court ruled that an investigative journalist of the public broadcaster BNNVARA was entitled to refuse to testify in criminal proceedings against a Dutch local councillor accused of leaking confidential information. The case arose in May 2023, during a meeting of the Municipality of Dordrecht, where councillors were confidentially informed about legal correspondence...
[NL] The Dutch Media Authority publishes the report on news consumption by young people
On 1 October 2024, the Dutch Media Authority (‘Commissariaat voor de Media’) published the report ‘Young people, news and social media. A look at the future of the news’. It posits that since young people increasingly rely on social media rather than traditional media to stay updated on current events, news consumption, in general, is undergoing both massive and permanent transformation. The media routines that young people are developing now determine their media behaviour in the future. The report highlights the main implications of the increasing role of social media...
[NL] The Dutch Minister of Interior and Kingdom Relations responds to parliamentary questions regarding disinformation networks on social media
On 2 October 2024, the Netherlands Ministry of Interior and Kingdom Relations (BZK) published a response to parliamentary questions by Kati Piri and Barbara Catharina Kathmann, MPs from the GreenLeft-Labour political party alliance (GroenLinks–PvdA). The questions were related to the recent research on online disinformation networks during the recent elections to the European Parliament conducted by the Dutch consultancy firm Trollrensics. As seen in this research, coordinated networks of social media accounts were active in France, Germany and Italy, and they aimed to interfere with public...
