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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...

Ofcom, the UK’s communications regulator, published its first report on video-sharing platforms (VSPs) since becoming the statutory regulator for such platforms established in the UK. This is the first of its kind under the VSP regime and reveals information previously unpublished by in-scope regulated companies. - Platforms’ compliance with the new VSP regime Ofcom’s report outlines the regulator’s key outcomes from the first year of regulation (October 2021 to October 2022). Its findings stem from the use of the regulator’s statutory powers under section 368Z10(3)...

With decisions nn. 275/22/CONS and 288/22/CONS published on 4 August 2022, AGCOM issued severe penalties against a website (Top Ads Ltd) and, for the first time, the video-sharing platform YouTube with a "notice and take down" order for 625 instances of illegal content and a "notice and stay down" order for prohibited gambling advertising of similar unlawful content. The investigation conducted by the Italian Authority found a violation of Article 9 of the Italian decree-law n°. 87/218 prohibiting direct and indirect gambling advertising (advertising for games with...

Following the approval of the new General Law on Audiovisual Communication in the Spanish Congress in May 2022 (see IRIS 2022-6/1), it was passed without changes by the Senate and published in the Boletín Oficial del Estado (Offical State Gazette — BOE) on 8 July 2022. This milestone culminates the transposition of the Audiovisual Media Services Directive (AVMSD) into national legislation. The new law aims at adopting an updated legal framework, reflecting market developments and striking a balance between access to content, user protection and competition between providers in the...