IRIS newsletter 2025-1
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: 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 • 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
© 2025 European Audiovisual Observatory, Strasbourg (France)
To promote inclusive language, we follow the guidelines of the Council of Europe.
Editorial
The start of a new year brings with it a fresh sense of possibilities and new beginnings, but also a moment of reflection that allows us to pause and appreciate how far we have come.
This year holds special significance for our Newsletter, marking three decades of continuous publications. What began as "Legal Observations" in January 1995 has blossomed into a more sophisticated project. This evolution reflects not just technological progress, but especially the remarkable collaborative spirit of our network of correspondents. For those feeling nostalgic, we invite you to explore our archive of past newsletter editions, available on our website. It is a journey through thirty years of audiovisual insights and developments.
And while we can fondly remember the past, you may also be interested in our inaugural 2025 edition. It presents a comprehensive overview of recent regulatory developments, from the adoption of a code of conduct between the Dutch regulator and Snapchat, to the update of the influencer marketing rules in France. Germany also saw an agreement on the reform of the state treaty on public broadcasting. Recent case law, such as the Constitutional Court's annulment of Romania's presidential election process, or, on another level, the ongoing infringement proceedings against EU member states, may also pique your interest.
On behalf of the entire team at the European Audiovisual Observatory, I wish you all a healthy, prosperous and successful 2025. Here's to continued learning, innovation and cooperation!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
Hungary
European Court of Human Rights: Klaudia Csikós v. Hungary
The European Court of Human Rights (ECtHR) has added a new wagon to its locomotive judgment in the case of Goodwin v. United Kingdom (IRIS 1996-4:1/4) on the protection of journalistic sources. The recent judgment in the case of Klaudia Csikós v. Hungary summarises and applies the court’s case law robustly protecting journalistic sources against secret surveillance by the police or other government agencies (see also Sergey Sorokin v. Russia, IRIS 2022-9:1/17 and Big Brother Watch a.o. v. the United Kingdom, IRIS 2021-7:1/20). The ECtHR found that the Hungarian authorities failed to...
Russian Federation
European Court of Human Rights: Kobaliya and Others v. Russia
The European Court of Human Rights (ECtHR) found once more gross and systemic violations by the Russian state of the right to freedom of expression and freedom of association as protected by Articles 10 and 11 of the European Convention on Human Rights (ECHR). 107 applicants, including human rights organisations, media outlets and journalists, had complained about measures and sanctions in the application of the Foreign Agents Act of 2012, as amended in 2017, 2019 and 2020 and the Federal Law No. 255-FZ of 14 July 2022 that repealed and replaced all previous “foreign agent”...
EUROPEAN UNION
EU: European Commission
Follow up on infringement proceedings against EU member states for their failure to designate digital services coordinators
In December 2024, the European Commission took further action against several EU member states for non-compliance with the Digital Services Act (DSA). Belgium, Bulgaria, the Netherlands, Poland and Spain were informed of their failure to properly nominate or empower national Digital Services Coordinators (DSCs) as required by Article 49(1) of the DSA. According to DSA Article 49(3), member states were required to designate DSCs by 17 February 2024. DSCs play a role in implementing the DSA, being responsible for all matters relating to supervision and enforcement within their respective member...
EU: European Commission
[FI] European Commission rejects complaint of unlawful State aid to Finnish public service broadcaster YLE
On 29 November 2024, the European Commission (the Commission) rejected a complaint by Sanoma Media Finland Oy concerning the granting of alleged unlawful Staite aid to the Finnish public service broadcaster Yleisradio Oy (YLE) for video-on-demand and online learning services. The complainant is a Finnish media and learning company which, among other services, offers educational publishing and VOD services. It claimed that the public funding to YLE for the provision of its VOD and online learning services constituted unlawful aid. The complainant argued that while YLE’s public funding scheme...
NATIONAL
Belgium
[BE] Adoption of final measures implementing Digital Services Act (DSA)
Belgium has adopted the final measures required to implement Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act). As previously announced (IRIS 2024-3:1/26), a legal instrument of federal cooperation, known as a “cooperation agreement”, needed to enter into force. However, this process was delayed on account of the federal and regional elections held on 9 June 2024. All the parliamentary assemblies of the political entities that signed the cooperation...
Germany
[DE ] ARD and ZDF lodge constitutional complaint regarding licence fee increase
On 19 November 2024, the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (German Association of Public Service Broadcasters – ARD), which comprises the nine German regional state broadcasting authorities, and Zweites Deutsches Fernsehen (ZDF) lodged a constitutional complaint with the Bundesverfassungsgericht (Federal Constitutional Court – BVerfG). The action was designed to ensure that an increase in the broadcasting licence fee, which had been recommended through an independent procedure but was currently blocked due to the...
[DE] Collecting society files model lawsuit against OpenAI to clarify remuneration rights and usage exemptions
In mid-November 2024, the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (German collecting society for music rights – GEMA) announced that it was the first collecting society in Europe to file a lawsuit against the US company OpenAI for the unlicensed use of protected musical works. GEMA wants the courts to clarify the remuneration obligation that it thinks should arise from OpenAI’s systematic use of its repertoire to train its AI systems. It has also asked the Landgericht München (Munich District Court) to decide whether the...
[DE] State treaty on public broadcasting reforms agreed
On 25 October 2024, the heads of government of the German Länder, which are responsible for media regulation in Germany, agreed to adopt a draft Staatsvertrag zur Reform des öffentlich-rechtlichen Rundfunks (state treaty on the reform of public broadcasting – Reformstaatsvertrag). The draft treaty sets out fundamental public broadcasting reforms designed to ensure that the nine regional broadcasters that make up the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (German Association of Public Service Broadcasters – ARD),...
Spain
[ES] Draft royal decree regulating the granting of extended collective licences for mass exploitation of works protected by intellectual property rights for the development of general-purpose AI models
On 19 November 2024, the Spanish government presented a draft royal decree aimed at regulating the granting of extended collective licences for the mass exploitation of works and performances protected by intellectual property rights in the development of general-purpose artificial intelligence models. This instrument is designed to balance technological developments with the protection of rightsholders in order to promote the development of artificial intelligence as a strategic sector. The royal decree transposes EU Directive 2019/790, which allows member states to introduce mechanisms...
France
[FR] ARCOM fines CNews EUR 50 000 and EUR 100 000 for failing to exercise rigour and honesty
The CNews programme “Morandini Live”, broadcast on 28 September 2023, dealt with a newspaper’s claim that parents of Muslim schoolchildren had persuaded school leaders in Pau to provide their children with a prayer room during a school trip. This story was told to illustrate what was presented as a broader phenomenon, i.e. the failure to respect the principle of secularism in schools, which was the subject of a studio debate. A banner containing the words “Pau: school gives in to pressure from Muslim parents” was also displayed throughout the debate. After examining...
[FR] Influencer marketing rules brought into line with European law
On 6 November 2024, in the light of observations by the European Commission in particular, a decree was passed to amend the law of 9 June 2023, which regulates influencer marketing and seeks to combat abuses by influencers on social networks (see IRIS 2023-6:1/10), in order to bring it into line with European law. The decree was issued pursuant to Article 3 of Law no. 2024-364 of 22 April 2024, which contains various provisions adapting national law to European Union law in the fields of economy, finance, environment policy, criminal law, social law and agriculture (DDADUE), in order to ensure...
[FR] Renewal of DTT licences: ARCOM shortlist cannot be contested on grounds of abuse of power
In a decision adopted on 28 February 2024 on the basis of Article 30-1 of the Law of 30 September 1986, the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) issued a call for tenders for the allocation of 15 licences to operate digital terrestrial television (DTT) services. In a press release published on 24 July 2024, ARCOM announced that it had “shortlisted, as a preparatory measure,” 15 of the 25 eligible applicants and intended to negotiate agreements with them, an “indispensable...
United Kingdom
[GB] The Data (Use and Access) Bill is introduced in the House of Lords
The Data (Use and Access) Bill (DUAB) was introduced in the House of Lords in October 2024. The report stage started on 21 January 2025. It is essentially a revised version of the Data Protection and Digital Information Bill (DPDI) which fell when the 2024 General Election was called. The Secretary of State for Science, Innovation and Technology (SoS) is responsible for the DUAB. Parts of the DPDI such as the removal of records of processing activities, data protection impact assessments, exemptions for vexatious data subject access requests (DSARs), and the shift from Data Protection Officers...
[GB] The Property (Digital Assets Etc.) Bill is introduced to the House of Lords
The Property (Digital Assets Etc.) Bill (the Bill) was introduced to the UK Parliament via the House of Lords on 11 September 2024, and its purpose is to make provision about the types of things that are capable of being objects of personal property rights. Since the Bill’s introduction, it has had its first and second reading and now awaits the committee (the date of which has yet to be set) and report stages, before its third reading in the House of Lords. After its passage through the upper chamber the Bill will be transferred to the House of Commons to follow a similar process to determine...
Ireland
[IE] Publication of revised media service codes and rules
On 5 December 2024, Coimisiún na Meán (the Commission), the Irish media regulatory authority, published revised broadcasting codes and rules for radio and television broadcasters as well as a new Video-on-Demand code and rules, following a public consultation. Under the Broadcasting Act 2009 (as amended), the Commission has the power to make media service codes and media service rules. Media service codes govern the standards and practices of broadcasters and producers of audiovisual on-demand media services to ensure, amongst other things, that audiences are protected from anything harmful...
Italy
[IT] AGCOM opens public consultation on new code of conduct for influencers
On 26 November, AGCOM (Italy’s Communications Authority) launched a 45-day public consultation through Resolution No. 472/24/CONS. The initiative aims to redefine the term "influencer" and introduce a new code of conduct tailored to the evolving influencer landscape. These measures are the result of collaborative efforts by a technical working group established under the same resolution. The consultation proposes the introduction of the notion of “relevant influencers”, defined as those who meet at least one of the following criteria: at least 500 000 subscribers...
Luxembourg
[LU] ALIA reprimands RTL Gold
On 28 February 2024, television channel RTL Gold broadcast the programme “Mónika – A KIBESZÉLŐ SHOW”. On 13 March 2024, the Autorité Luxembourgeoise Indépendante de l’Audiovisuelle (Luxembourg Independent Authority for Audiovisual Media – ALIA) received a complaint from the Hungarian media regulator NMHH following a viewer's complaint. Since RTL Gold’s broadcasting licence was issued in Luxembourg (to the company s.a. CLT-Ufa), the matter fell under ALIA’s jurisdiction. However, the complaint was examined in the context of...
Netherlands
[NL] Dutch Media Authority and Snapchat adopt code of conduct under Media Act and AVMS Directive
On 18 December 2024, the Dutch Media Authority (Commissariaat voor de Media – CvdM) and the video-sharing platform Snapchat, jointly adopted a code of conduct under the Dutch Media Act, which implements the EU’s Audiovisual Media Services Directive (AVMSD) (see IRIS 2021-1/24). Snapchat is a video-sharing platform and app “designed for people ages 13 and up” which operates throughout the EU, and is established in the Netherlands. Notably, Snapchat is considered a video-sharing platform under the Dutch Media Act and the AVMSD. Under Article 3a(3) of the Dutch Media Act, video-sharing...
[NL] Dutch Government implements additional measures on the safety of journalists
On 27 November 2024, the Dutch Minister for Education, Culture and Science, in a letter to parliament, announced a significant policy measure for the protection of journalists in the Netherlands. In particular, the minister announced that PersVeilig, a joint initiative of the Dutch Association of Journalists, the Dutch Association of Editors in Chief, the Police and the Public Prosecution Service, which aims to strengthen the position of journalists against violence and aggression, will receive significant structural government funding from 2025. This follows a previous 2022 government measure...
[NL] Dutch Supreme Court files a request for a preliminary ruling on copyright in the geoblocking context
On 14 November 2024, the Dutch Supreme Court filed a request for a preliminary ruling from the Court of Justice of the European Union (CJEU). The questions concern the interpretation of the notion of "communication to the public" under Article 3(1) of the Copyright in the Information Society Directive (InfoSoc Directive) in the context of geo-blocking measures. The request for a preliminary ruling has been made in the dispute between the Anne Frank Fund (the non-profit organisation based in Basel, Switzerland, which owns copyrights on Anne Frank’s diary), and the Anne Frank Foundation (which...
[NL] New research investigates the impact of Chinese interference and intimidation on the Dutch media landscape
On 30 October 2024, researchers from Leiden University published a report entitled "Chinese Influence and Interference in the Dutch Media Landscape". The report was completed at the request of the Tweede Kamer (the lower chamber of the Dutch Parliament) in April 2023 on behalf of the China Knowledge Network (CKN), funded by the Dutch Ministry of Foreign Affairs. The motion was filed by Ruben Brekelmans, who currently serves as the Dutch Minister of Defence, after Marije Vlaskamp, a journalist at the Dutch newspaper Volkskrant, reported threats in connection with her critical stance on...
Romania
[RO] Annulment of the electoral process for the election of the President of Romania in 2024
On 4 December 2024, the "Information Notes" of the Ministry of Internal Affairs – General Directorate of Internal Protection, of the Foreign Intelligence Service, of the Romanian Intelligence Service and of the Special Telecommunications Service, were declassified. These Information Notes had been registered with the Presidential Administration under Nos. DSN1/1741/4.12.2024, DSN1/1740/4.12.2024, DSN1/1742/4.12.2024 and DSN1/1743/4.12.2024. Since, and as a result of this declassification of information, public attention in Romania and beyond has focused on the fairness and...
Ukraine
[UA] Russian cultural figure sentenced in absentia for war propaganda
On 13 November 2024, the city court in the regional centre of Vinnytsia in Ukraine convicted, in absentia, a popular Russian film/theatre actor and director, Vladimir Meshkov, for propaganda for war and an attempt to violate the territorial integrity of Ukraine. He was sentenced to ten years of imprisonment (including three years imprisonment for propaganda for war, the maximum penalty envisioned by the criminal code), as well as confiscation of his property, in particular Mashkov’s seaside apartment in Odesa. Mr. Mashkov is also a public figure in Russia, as he has held, since December 2023,...
United States of America
[US] Meta terminates its fact-checking programme
In 2016, Mark Zuckerberg, co-founder and CEO of Meta, announced that he was instituting a fact-checking programme after being accused of disseminating mis/disinformation around the first election of Donald Trump. The fact-checking programme consisted in partnering with independent third-party fact-checkers to review and rate the accuracy of content posted on the social media. On 7 January 2025, the tech giant decided to stop these independent fact-checking efforts in the United States and rely on a system similar to X's (formerly Twitter's) “Community Notes”. This...
