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With Resolution no. 22/23/CONS of 8 February 2023, the Italian Communications Authority (Agcom) launched a public consultation on the issue of resolving disputes between users and video-sharing platforms (VSPs). In the national regulatory provision which transposes in Italy the new Article 28-b of the AVMS Directive, AGCOM has been given the task of setting up an alternative system of dispute resolution between users and VSP providers for violations of the principles established by Article 42 of the TUSMA (the consolidated Law on Audiovisual Media Services), other than the right of judicial...

The board of the Italian Communications Authority (AGCOM) has agreed, unanimously, to fine Meta Platforms (Meta, which owns Facebook, Instagram, and WhatsApp) EUR 750,000 for the infringement of the gambling advertising prohibition introduced by the "Dignity decree". This is the first fine given by AGCOM to a social media platform (last August, AGCOM adopted its first sanction against the video sharing platform "YouTube", see Iris 2022-8/4). The Authority considered that Meta had conducted a clear infringement of the Italian Law prohibiting the diffusion of advertising...

On 22 November 2022, the Vlaamse Regulator voor de Media (Flemish Media Regulator — VRM) issued, for the first time, warnings to influencers for violating the rules on commercial communication under the Flemish Media Decree (Article 53). With the transposition, in 2021, of the revised Audiovisual Media Services Directive into the Flemish Media Decree, channels and profiles on platform services such as YouTube, Instagram and Tiktok can be considered audiovisual media services or broadcasting services (as per Article 2, 26° of the Flemish Media Decree). This means that content creators,...

On 1 February 2023, the European Commission (EC) published non-binding guidance on the requirements to publish user numbers in accordance with the Digital Services Act (DSA) provisions: “Questions and Answers on identification and counting of active recipients of the service under the Digital Services Act” (DSA).  The DSA is of importance for the audiovisual industry since it will catch some of the video-sharing platforms present in the European territory, either as online platforms or as "very large online platforms" (VLOPs) (the latter categorisation...

Съветът за електронни медии  (the Council for Electronic Media – CEM) convened a roundtable on gambling commercial communications in media services and video sharing platform services (Кръгла маса относно търговското слово за хазарт) which took place on 13 December 2022. The roots of the discussions can be traced back to August 2022 when a Memorandum for Cooperation was signed between CEM and Национална агенция за приходите (the National Revenue Agency – NRA). The reason behind the debate was the aggressive campaigns of gambling advertising which increased, especially with the...