IRIS newsletter 2026-1
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 machine translations:
Aurélie Courtinat • Paul Green • Udo Lücke • Marco Polo Sarl • Erwin Rohwer • Sonja Schmidt • Nathalie Sturlèse • Ulrike Welsch
Proofreading of original texts:
Amélie Lacourt, Alexandra Ross and Diego de la Vega • Linda Byrne • David Windsor • Aurélie Courtinat • Barbara Grokenberger
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
The year 2026 has begun amid full-scale geopolitical turmoil. In the midst of this new complexity, which is difficult even for experts to understand, it seems that the average video on demand (VoD) viewer is incapable of focusing on a single screen at a time. Ironic, isn’t it? Well, that is at least what Matt Damon was told by Netflix when working on his latest film: “It wouldn’t be terrible if you reiterated the plot three or four times in the dialogue because people are on their phones while they’re watching.” And then, the logical conclusion for him was that this was “going to really start to infringe on how we’re telling these stories”.
Indeed, one of the recurring criticisms of content produced by streamers is the dumbing down of the audiovisual experience. Another criticism is that the stories told and how they are told have become uniform. They say that everything seems the same, and this has an impact on diversity. In order to counteract this trend, in France, for instance, the Décret SMAD has been amended to prevent investments from concentrating too heavily on a single genre, particularly fiction, to strengthen the diversity of audiovisual works.
One thing is certain: the multiscreen environment is here to stay and continues to generate headlines for our newsletter.
If TV is your medium of choice, you might be interested in recent decisions by media regulators from rulings on the broadcast of the Chernobyl mini-series in Ukraine, to sanctions for sound violations in Moldova or breaches of sponsorship rules in Norway. In parallel, Greece has enacted new legislation implementing the European Media Freedom Act (EMFA), with particular attention to the public broadcaster.
Meanwhile, platforms remain in the spotlight. The European Commission fined X €120 million under the Digital Services Act (DSA), while German courts ruled that Facebook is bound by transparency requirements set out in the German Media State Treaty and that Twitch live-stream providers must comply with youth protection rules established under broadcasting law. Protection of minors continues to be a central concern. In the UK, for example, Ofcom fined AVS Group, for failing in particular to comply with its duties to prevent children from encountering pornographic content on its websites through the use of highly effective age assurance.
As can be seen, the multi-screen, connected environment poses a variety of problems and risks that extend beyond uniformisation and "dumbing down". This is why education remains key. To gain a new perspective on this issue, please refer to the recent Council of Europe’s CDMSI policy document on national media and information literacy strategies.
So, now put away all other screens! This newsletter is so packed with interesting information that you won't be able to tear your eyes away from it. 😊
Enjoy the read and best wishes for 2026!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: Moving goalposts in frequency allocation procedure leads to a violation of freedom of expression
The European Court of Human Rights judgment in Europa Way S.r.l. v. Italy of 27 November 2025 provides interesting insights into how the foreseeability of licensing procedures and the independence of national regulatory authorities can affect the right to freedom of expression of broadcasting companies. The Court held unanimously that there had been a violation of Article 10 of the European Convention on Human Rights (ECHR). Legislative background and facts In a 2009 resolution, the Autorità per le garanzie nelle comunicazioni (the Italian communications regulator, AGCOM) set out the...
CoE: Media Division
CDMSI adopts Guidance Note on generative AI implications for freedom of expression
During its 28th plenary meeting held between 3 and 5 December 2025, the Council of Europe’s Steering Committee on Media and Information Society (CDMSI) adopted a Guidance Note on generative AI implications for freedom of expression. The new Guidance Note focuses on the implications of Generative AI for freedom of expression. Providing for unimagined opportunities at scale and at speed, Generative AI also raises concerns regarding the lack of transparency, quality, accuracy, repeatability and reliability of AI-generated content. The Guidance Note addresses these issues firstly...
CoE: Media Division
CDMSI adopts feasibility study on freedom of expression in immersive realities
During its 28th plenary meeting held between 3 and 5 December 2025, the Council of Europe’s Steering Committee on Media and Information Society (CDMSI) adopted a “Feasibility Study on Benefits and Challenges to Freedom of Expression in Immersive Realities”. The newly adopted feasibility study offers the Council of Europe’s first in-depth analysis of how immersive technologies are reshaping the exercise of freedom of expression, providing timely clarity for policymakers navigating the rapid shift towards spatial computing. It demonstrates that XR environments, where expression...
CoE: Media Division
CDMSI adopts new policy document to strengthen information integrity
During its 28th plenary meeting held between 3 and 5 December 2025, the Council of Europe’s Steering Committee on Media and Information Society (CDMSI) adopted a new policy document entitled “Resisting disinformation: 10 building blocks to strengthen information integrity”. Adopted in a context of growing geopolitical tension, rapid technological change and mounting pressure on democratic institutions, the document provides actionable guidance to help member states counter disinformation and related information disorders in a coherent and effective manner. Placing the concept...
CoE: Media Division
CDMSI adopts policy document on national media and information literacy strategies
During its 28th plenary meeting held between 3 and 5 December 2025, the Council of Europe’s Steering Committee on Media and Information Society (CDMSI) adopted a policy document entitled “National Media and Information Literacy (MIL) Strategies: Practical Steps and Indicators”. The policy document aims to support governments in developing comprehensive national strategies that strengthen citizens’ ability to access, critically evaluate, and responsibly create and share information throughout life. It contains guidelines structured around five interconnected policy areas:...
EUROPEAN UNION
EU: European Commission
European Commission fines X €120 million under the Digital Services Act
On 5 December 2025, the European Commission ordered social network X to pay a fine of €120 million. This fine follows the opening of formal proceedings by the European institution on 18 December 2023, which aimed to assess whether X had breached the provisions of the Digital Services Act (DSA). The amount of the fine was determined on the basis of the infringements committed, including their gravity, duration and impact. The Commission considered that the social network had failed to fulfil its obligations for three reasons. Firstly, the Commission ruled that the use of the "blue...
EU: European Commission
[HU] Infringement procedure against Hungary for failing to comply with EMFA and AVMSD
The European Commission has opened an infringement procedure against Hungary for failure to comply with certain provisions of the European Media Freedom Act and the Audiovisual Media Services Directive. According to the Commission, Hungary does not comply with provisions concerning interference in the work of journalists and media outlets in Hungary, including restrictions on their economic activities and editorial freedom. The Commission also states that Hungarian law does not provide adequate protection for the preservation of journalistic sources and confidential communications, nor sufficient...
NATIONAL
Armenia
[AM] Media coverage involving minors – regulatory assessment and ethical self-regulation
On 4 December 2025, the Commission on Television and Radio of the Republic of Armenia (CTR) adopted a decision to discontinue an administrative proceeding against Shark LLC, the broadcaster of the television programme 5th Channel, in connection with the coverage of a tragic event involving children. The issue at stake was whether the manner in which minors were shown in the coverage of a child’s death complied with the legal safeguards for the protection of children in audiovisual media. The case followed an exercise involving the monitoring of a programme broadcast on 5 November...
Germany
[DE] Facebook must fulfil transparency obligations under the German State Media Treaty until European law issues have been clarified
The Higher Administrative Court (OVG) for the state of Schleswig-Holstein confirmed the decision of the lower court in summary proceedings on 18 December 2025 (Case No. 6 MB 24/25), according to which Facebook users are currently not sufficiently informed about the central criteria according to which content is displayed on the platform. The media law complaint issued by the Hamburg/Schleswig-Holstein Media Authority in October 2024 and the requirement for transparency information to be easily viewed, directly accessible and permanently available in accordance with the Interstate Media Treaty...
[DE] Provider of pornographic websites successful following an urgent appeal against enforcement of blocking orders due to potential violation of EU law
The Düsseldorf Administrative Court upheld urgent applications by Aylo Freesites Ltd (the Applicant) in four decisions (Case Nos. 27 L 1347/24, 27 L 1348/24, 27 L 1349/24 and 27 L 1350/24) dated 19 November 2025. The court ordered that the blocking orders issued by the State Media Authority of North Rhine-Westphalia (LfM NRW) against Internet access providers (access providers) with regard to the German-language telemedia offers Pornhub and Youporn operated by the Applicant are not to be enforced for the time being. This means that access to the pornographic content in question by the access...
[DE] Providers of Twitch live streams must comply with youth media protection rules under broadcasting law
In its judgment of 25 November 2020, the Administrative Court of Cologne (Case No. 6 K 2650/22) confirmed that streams that are broadcast live on the Twitch platform are to be classified as broadcasting and must comply with the relevant regulations for broadcasters on the protection of minors in the media. In 2021, the plaintiff had broadcast the first eight minutes of the film Mortal Kombat on his live stream on the Twitch platform. This sequence contained fight scenes and depictions of violence that are not suitable for children and young people under the age of 16. The clip was shown before...
Denmark
[DK] Declaration on the necessity of culture and media as a safeguard for our European democracies in the age of AI
At an informal ministerial meeting in Copenhagen on 4 November 2025, held during the Danish EU Presidency, the Danish Minister for Culture gathered European ministers for culture and media. The ministers issued a joint statement: the “Declaration on the necessity of culture and media as a safeguard for our European democracies”. As part of its presidency, Denmark took a leading role in shaping the European response to the growing impact of artificial intelligence (AI) on culture and media. As such, the declaration notably highlighted that: - The use of AI in producing and...
Spain
[ES] CNMC closes competition proceedings against Google after accepting binding commitments to ensure transparency and fair remuneration for press publishers
On 17 December 2025, the Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition – CNMC) decided to terminate the proceedings opened against Google for alleged anti-competitive practices affecting Spanish press publishers and news agencies. The CNMC closed the case after considering that the commitments submitted by Google on 19 March 2025 address the competition concerns identified. Google has undertaken to improve negotiations relating to Extended News Preview (ENP) agreements, which affect Google Search, Google News and Google Discover,...
France
[FR] ARCOM obtains the blocking of access to the watchpeopledie website from France
In an application based on Articles 6, 6(3) and 6(4) of the Law of 21 June 2004 on confidence in the digital economy (LCEN), ARCOM brought an action before the president of the Paris Court of first instance in an expedited procedure on the merits, requesting that the main internet service providers (Orange, Free, Free Mobile, SFR, SFR Fibre, Bouygues Telecom) be ordered to take all appropriate measures to prevent access from French territory to the watchpeopledie.tv website. It maintains that this site is dedicated to the broadcasting of images of deliberate attacks on the integrity of the person...
[FR] Death of live streamer on kick.com: court rejects request for Australian platform to be fully blocked but orders targeted measures
Following the live streaming, on 18 August 2025, of the death of Raphaël Graven, alias "Jean Pormanove", during a broadcast lasting around 300 hours on the channel of the same name on the Australian streaming platform kick.com, which has a French-language version, the French Minister for AI and the Digital Economy referred the case to the president of the Paris Tribunal Judiciaire (judicial court) under Article 6-3 of the Loi pour la confiance dans l’économie numérique (French Law on Confidence in the Digital Economy – LCEN) and EU Regulation...
[FR] SMAD decree: introduction of a 20% diversity clause for animation, creative documentaries and live performances
Pursuant to Articles 27 and 33-2 of Law No. 86-1067 of 30 September 1986 on freedom of communication, Decree 2025-1421 of 30 December 2025 amends Decree 2021-793 of 22 June 2021 on on-demand audiovisual media services (SMAD) in three ways. Firstly, in order to strengthen production of the most vulnerable audiovisual genres and to combat the concentration of investment in a single genre of works (since the SMAD decree came into force, fiction has accounted for 89.8% of production contributions from platforms), the decree requires, after a three-year ramp-up period, that at least 20% of...
United Kingdom
[GB] Ofcom fines AVS Group GBP 1 million over children’s access to pornography and failure to supply information
On 3 December 2025, the UK’s communications regulator Ofcom fined AVS Group Ltd GBP 1 million for failing to deploy "highly effective" age assurance under section 12 of the Online Safety Act 2023 (OSA), and a further GBP 50 000 for failing to respond to a statutory information request, backed up with daily penalties if non-compliance persists. The decision covers a portfolio of adult sites and requires compliant age checks to stop children encountering pornographic content. It is the clearest signal yet that Ofcom has moved from programme oversight to active enforcement of the child-protection...
[GB] The Property (Digital Assets etc) Act came into force
The Property (Digital Assets etc) Act 2025 received Royal Assent on 2 December 2025 and came into force on the same day. The background to the Act was described in IRIS 2025-1:1/9. The Act states that digital assets are not prevented from being treated as a form of property merely because they are not easily categorised within existing legal categories of property, namely "things in possession", like a car or land and "things in action", such as stocks and shares. This new legislation allows the courts to create rules that reflect the unique characteristics...
Greece
[GR] New law implementing EMFA rules and strengthening the public broadcaster
A new law, Law 5253/2025 – related to the application of the European Media Freedom Act (EMFA – Regulation 2024/1083 of the European Parliament and of the Council of 11 April 2024) and to the public broadcaster ERT S.A. – was passed by the Greek Parliament on 20 November 2025. As for the implementing provisions of the EMFA regulation, the new responsibility of the independent media regulator NCRT (National Council of Radio and Television) to publish an annual report on the allocation of state advertising, providing an overall picture of public spending and based on the...
Hungary
[HU] Safe mobile internet access for minors
On 1 January 2026, Hungarian mobile operators Magyar Telekom, One Magyarország and Yettel Magyarország launched safe mobile internet access for minors. The new service, which is available free of charge to individual subscribers, prevents children from visiting Hungary's most popular pornographic websites on the mobile network. In May 2025, the Nemzeti Média- és Hírközlési Hatóság (National Media and Infocommunications Authority, NMHH) issued Decree 7/2025 on detailed rules relating to the secure service provided for minors. It...
Moldova
[MD] Sound deviations sanctioned
At its meeting on 12 December 2025, the Audiovisual Council (CA), the national media regulator of Moldova, approved a decision on sound violations in audiovisual media services. Article 63(6) of the Audiovisual Media Services Code of the Republic of Moldova requires media service providers “to level the sound volume” between audiovisual programmes and commercial breaks therein. Monitoring of the sound levels of the Canal Regional, Cinema 1 and TV-Drochia audiovisual media services conducted in early November 2025 had found around 90 violations of this rule. The maximum sound deviations...
Norway
[NO] Norwegian television provider, TV 2, fined for breaching sponsorship rules
The Norwegian Media Authority (NMA) has imposed a fine of NOK 300 000 on the national television provider, TV 2, for breaches of the sponsorship rules during the television programme Tour de France for men, in 2025. The identification of sponsorships shown during the broadcasts were displayed for too long according to Norwegian law. According to Article 10(1)(c) of the Audiovisual Media Services Directive (AVMSD), viewers shall be clearly informed...
Ukraine
[UA] Judgment on Chernobyl mini-series
The Civil Court of Cassation, a chamber of the Supreme Court of Ukraine, considered an application to protect the right to use a name by removing all relevant references from the credits and individual scenes in Chernobyl, an acclaimed 2019 television mini-series that revolves around the 1986 nuclear plant disaster and the dramatic cleanup that followed. The lawsuit also included claims for compensation for moral harm, such as emotional distress. The title of the series and the names of the people involved were redacted from the judgment, which meets the requirements of procedural provisions...
