Netherlands

[NL] Dutch Media Authority and Snapchat adopt code of conduct under Media Act and AVMS Directive

IRIS 2025-1:1/15

Ronan Ó Fathaigh

Institute for Information Law (IViR)

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 platforms established in the Netherlands must implement a code of conduct setting out measures to comply with Article 28b of the AVMSD, including measures to protect minors. Crucially, the new code of conduct is applicable throughout the EU, as well as the European Economic Area.

The 22-page code of conduct is divided into a number of sections, with section 2 setting out the measures Snapchat implements to protect minors from programmes, user-generated videos and audiovisual commercial communications which may impair their physical, mental or moral development. Section 3 sets out measures to protect the general public from programmes, user-generated videos and audiovisual commercial communications (a) containing incitement to violence or hatred; and (b) content the dissemination of which constitutes an activity which is a criminal offence under EU law, namely public provocation to commit a terrorist offence, offences concerning child pornography, and offences concerning racism and xenophobia. Section 4 sets out measures on Snapchat’s advertising restrictions.

Notably, under section 2 on the protection of minors, Snapchat is to implement a range of specific measures, including restricting Snapchat to minors aged 13+, and requiring teenagers to confirm that they are at least 13 years old in order to create a Snapchat account. Notably, where Snapchat can reasonably determine that the user is under 13 years of age, it will remove and delete the account; and when teens post public content on Snapchat, Snapchat “by default” hides their name “as an extra precaution”. Snapchat also aims to distribute content created by teens only “to other teens” and “limit widespread distribution to avoid a teen user building a following that is not their own age”. Further, public content on Snapchat goes through “auto-moderation and/or human review before being eligible for distribution to a wide audience”. Snap also “takes measures to ensure content does not go viral without being subject to human review”.

Finally, on the supervision and enforcement of the code of conduct, sections 6 and 7 detail how the code enables the CvdM to “appropriately exercise its co-regulation powers”, and states that Snap “shall cooperate with the CvdM as needed and meet with the CvdM on a regular cadence to report progress on its objectives”. Meanwhile, Snap has established an independent compliance function to provide oversight to ensure that the necessary internal processes, resources, testing, documentation, or supervision are in place for compliance with the Dutch Media Act, and to monitor Snap’s compliance with the Dutch Media Act.