IRIS newsletter 2026-2

 

 

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: Pauline Durand-Vialle

Maja Cappello, Editor • Amélie Lacourt, Justine Radel, Sophie Valais, Diego de la Vega, 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 original texts and machine translations:

Linda Byrne • Aurélie Courtinat • Paul Green • Barbara Grokenberger • Catherine Koleda • Udo Lücke • Marco Polo Sarl • Erwin Rohwer • Sonja Schmidt • Nathalie Sturlèse • Ulrike Welsch • David Windsor

 

 

Web Design:

Coordination: Cyril Chaboisseau, European Audiovisual Observatory


ISSN 2078-6158

© 2025 European Audiovisual Observatory, Strasbourg (France)

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

 

Editorial

Dear reader,

You may already have heard about the US House Judiciary Committee releasing an interim staff report entitled "The Foreign Censorship Threat, Part II: Europe's Decade-Long Campaign to Censor the Global Internet and How it Harms American Speech in the United States." According to this report, the European Commission “successfully pressured major social media platforms to change their global content moderation rules, directly harming American online speech in the United States”. No more, no less.

Regardless of one’s personal opinion on the matter, it is clear that the EU displays both consistency and persistence in the application of its policies. As the latest example of this, the European Commission recently designated the WhatsApp Channels service as a new Very Large Online Platform under the Digital Services Act . Just like its peers Facebook and Instagram, this Meta-provided service will be required to duly assess and mitigate any systemic risks stemming from its services, such as violations of fundamental human rights and freedom of expression, electoral manipulation, the dissemination of illegal content and privacy concerns. Hardly censorship, one could argue.

National regulators in Europe are also stepping up to protect users on online platforms. In France, the judiciary has intervened in relation to the sale of child-like sex dolls on Shein. Some of the photographs published on the platform were classified as pornographic content, prompting the court to rule on matters of age verification and protection of minors. Meanwhile, the United Kingdom’s media regulator, Ofcom, has clarified where and how age gates must be implemented on pornography services under the Online Safety Act.

On a larger scale, European regulators appear determined to ensure that all actors within their jurisdiction abide by the rules. This was recently confirmed by the French Conseil d’Etat’s decision to uphold another €50 000 fine imposed on the C8 channel.

In the future, a possible revision of the AVMS Directive may reshape the rules and redefine the level playing field between the various (old and new) actors in the game. Some countries are already moving in that direction. Even beyond the EU, for example, North Macedonia has recently enforced new legal requirements for the registration of influencers.

While we wait to see what the evaluation of the Directive will bring, there is plenty to keep us (and you) busy. I would like to use this occasion to thank you all for your loyal and continued commitment over the years. At a time when the erosion of trust in the media is cause for concern, it is your support that has allowed us to cross a significant milestone, as this edition of the Newsletter allows us to pass 10 000 articles!

Enjoy the read!

 

Maja Cappello, Editor

European Audiovisual Observatory

International

COUNCIL OF EUROPE

In its Grand Chamber judgment, Danileţ v. Romania, delivered on 15 December 2025, the European Court of Human Rights took the opportunity to “confirm and consolidate the principles established in its case-law with regard to the freedom of expression of judges and prosecutors on the internet”. It also took the opportunity to provide “certain clarifications and to define a set of criteria that take into account the limits imposed on this freedom by the duty of discretion inherent in their office”. The factual background to the case concerned two posts by the applicant,...

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In SIC – Sociedade Independente de Comunicação, S.A. v. Portugal (No. 2), a judgment of 13 January 2026, the European Court of Human Rights (Fourth Section) examined the right to privacy of audience members at a comedy show whose recorded images and voices were subsequently broadcast on television and made available online by a commercial company without their express consent. The company, which held the rights to the recording of the show, relied upon its right to freedom of expression. The Court held, unanimously, that the fine imposed on the company by the domestic courts...

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EUROPEAN UNION

Under Article 33 of the Digital Services Act (DSA), online platforms with an average of at least 45 million active monthly recipients in the EU are classified as Very Large Online Platforms (VLOPs) and must comply with the DSA's strictest rules. The European Commission now supervises 21 designated VLOPs and Very Large Online Search Engines (VLOSEs). On 26 January, it officially designated WhatsApp as one of them. The platform's "Channels" feature indeed allows users to share information, updates, and announcements with a large audience of WhatsApp users, thereby reaching the...

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On 26 January, the European Commission opened an investigation against the X platform, specifically targeting Grok, under the Digital Services Act (DSA). Grok is an AI tool developed by X. It generates text and images to provide context for various publications and has recently been used extensively to produce nude images of women and children. Since X and Grok are subject to the DSA, the Commission opened an investigation into the platform. Under Articles 34 and 35 of the DSA, X is obliged to assess and mitigate the systemic and potential risks associated with its services. However,...

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On 30 January, the European Commission decided to open infringement proceedings by sending a letter of formal notice to Slovenia (INFR(2025)4023) for failing to correctly apply the Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society (Directive 2001/29/EC – InfoSoc Directive) and the Collective Rights Management Directive (Directive 2014/26/EU – CRM Directive). Slovenia’s mandatory collective management scheme for authors’ public communication rights was considered by the Commission to violate both the InfoSoc...

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Creative Europe, the European Union’s programme dedicated to supporting the cultural, creative and audiovisual sectors, has achieved a full decade of activity. On 17 December, the European Commission published a report presenting the results of the evaluation of the Creative Europe 2014-2020 Programme and the mid-term evaluation of the Creative Europe 2021-2027 Programme, highlighting both achievements and challenges. Funding is divided into three strands to support different needs: media (audiovisual and video games), culture (all other cultural and creative sectors) and cross-sectoral...

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On 22 January 2026, the European Parliament adopted a resolution on the attempted takeover of the Lithuanian public broadcaster LRT and the threat it posed to democracy in Lithuania. It was adopted by 385 votes to 165 (with 35 abstentions). After noting that it recognises the essential role of national public service media providers in safeguarding a pluralistic and resilient democracy (by upholding and promoting the values enshrined in Article 2, Treaty on European Union - TEU) and countering disinformation propaganda and other forms of manipulation, the Parliament condemns all attempts to...

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NATIONAL

On 23 January 2026, the Commission on Television and Radio of the Republic of Armenia (CTR) adopted Decision No. 12-A imposing an administrative fine on Armenian Second Television Channel LLC following the identification of a repeated breach of broadcasting rules designed to protect minors. The case originated from monitoring carried out by the CTR’s Monitoring and Supervision Department on 23 December 2025 in respect of the broadcaster’s programme output of 21 December 2025. The daytime broadcast of the talk show Hayeli Club, which had aired between approximately 2:45 and 3:20...

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The Belgian federated entities recently signed a new cooperation agreement designed to extend the "GoedGezien" (in French "BienVu") film classification system to all films distributed in Belgian cinemas. The agreement harmonises the implementation of film classification throughout the country and regulates the relevant administrative and financial aspects. The "GoedGezien" system classifies content according to the age of the viewers (all audiences, 6, 10, 12, 16 and 18) and the nature of the content (violence, anxiety, sex, use of addictive substances, coarse...

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On 26 November 2025, the Federal Council adopted a report on Switzerland's digital sovereignty. For the first time, the Federal Council sets out its understanding of the concept of digital sovereignty and frames the concept in terms of security policy and international law. This provides an important basis for the political debate. The report is based on a request from the Swiss Parliament. Specifically, postulate 22.4411 from Councillor of States Z'graggen called for the government to comment on: (1) how it defines the term "digital sovereignty"; (2) how the status of Switzerland's...

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In its judgment of 16 December 2020, the Federal Court of Justice (Bundesgerichtshof - BGH) ruled (Case No. VI ZR 142/24) that identifying reporting in the press about a criminal conviction dating back several years may be permissible even after the probation period has expired and the conviction has been erased from the criminal record. The admissibility of such reporting requires a current reason for the reporting and a corresponding public interest in the information; this must outweigh the interest in resocialisation of the person concerned. The decision was based on the following facts:...

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In a judgment dated 16 December 2020, Munich Regional Court (Landgericht - LG) I ruled (case No. 33 O 3266/24) that changes made by the streaming service provider Amazon Prime with regard to the broadcasting of advertising on the Prime Video service, which came into force in February 2024, are inadmissible. In January 2024, Amazon sent an email to subscribers of a paid Prime membership, which also includes the Prime Video streaming service and enables its ad-free use, announcing that the streaming service would no longer be completely ad-free in future. At the same time, Amazon offered continued...

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In a decision dated 10 December 2025, the Commission for the Protection of Minors in the Media (Kommission für Jugendmedienschutz - KJM) ordered the blocking of the illegal website samidoun.net. Previously, on 2 November 2023, the then Federal Minister of the Interior, Nancy Faeser, had banned the activities of the international organisation "Samidoun – Palestinian Prisoner Solidarity Network" in Germany. The reason given for this was that the organisation's activities violated German criminal law and were contrary to the idea of international understanding within the meaning...

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Noting that illegal products, in particular childlike sex dolls but also certain weapons and medicines banned from online sale, had been reported as being offered for sale on the Shein online sales platform, designated as a "very large platform" within the meaning of the DSA by the European Commission, the French state summoned the platform's Irish operator and the main companies providing access to it in France before the president of the Paris Court of First Instance under the fast-track procedure. Its principal request was that, under Article 6-3 of the Law...

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C8 asked the Council of State (Conseil d'État) to annul the decision by which the French audiovisual regulator (Autorité de Régulation de la Communication Audiovisuelle et Numérique – ARCOM) had fined it €50 000 for breaching its obligation to respect human rights laid down in its licence agreement, following the broadcast of a feature on xylazine, described as "the zombie drug", during the programme "PAF avec Baba" on 12 September 2023. The Council of State noted that the host of the programme had wanted to draw viewers' attention...

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From 25 July 2025, pornography services reachable in the United Kingdom must operate "highly effective" age checks. Ofcom has now clarified how general online safety duties are being operationalised in the UK through specific expectations on product design and presentation. It explains its approach to evaluating compliance where any visibility precedes verification. In short, where an age check sits is not cosmetic. If pornographic material is visible before the age verification check, the duty may already have been breached. The statutory basis is the Online Safety Act 2023 (OSA)....

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On 19 January 2026, the Italian Communications Authority (AGCOM) published a list of services of general interest (SGIs) pursuant to new guidelines on prominence for audiovisual and radio media SGIs (Guidelines). The Italian Audiovisual Media Services Code (AVMS Code) provides that adequate prominence must be guaranteed to SGIs to ensure pluralism, freedom of expression, cultural diversity and effective access to information for the widest possible audience. Through the Guidelines, AGCOM defined the criteria for categorising a service as an SGI, as well as the methods and criteria to ensure...

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Following the alignment of the national audiovisual media regulatory framework with European Union law, in particular the Audiovisual Media Services Directive (AVMSD)(EU) 2018/1808, North Macedonia introduced further legislative and regulatory measures aimed at adapting audiovisual media regulation to the digital environment and to new forms of audiovisual content creation and distribution carried out via online platforms. This alignment was implemented within the framework of the Law amending the Law on Audio and Audiovisual Media Services (Official Gazette of the Republic of North Macedonia...

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On 20 January 2026, the Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council – KRRiT) published a report entitled “No editing, no procedure, no balance. Monitoring of the current affairs programmes of TVP S.A. (in liquidation)”, which examined TVP S.A. in the context of the statutory requirement for public media to ensure pluralism, impartiality, balance and independence (Article 21(1) of the Radio and Television Act of 29 December 1992). The report aims to verify whether the current affairs programming of the aforementioned public television station meets the...

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