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On 28 June 2022, the President of Romania, Klaus Iohannis, promulgated the Law for the amendment and completion of the Audiovisual Law no. 504/2002; the amendment and completion of the Government Ordinance no. 39/2005 on cinematography; as well as the amendment of Law no. 41/1994 regarding the organisation and operation of the Romanian Radio Broadcasting Company and the Romanian Television Company (see inter alia IRIS 2013-6/28, IRIS 2017-1/30, IRIS 2017-2/27, IRIS 2017-7/28, IRIS 2018-6/30, IRIS 2018-8/36, IRIS 2018-10/22, IRIS 2018-10/23, IRIS 2019-1/31, IRIS 2019-2/21, IRIS 2019-4/29, IRIS 2019-5/22...

In principle, the operator of a video-sharing platform or a file-hosting and sharing platform (in this case, YouTube) does not make a “communication to the public” of content that users illegally make available to the public. The Austrian Oberste Gerichtshof (Supreme Court – OGH) concluded that this was the case, at least prior to the implementation of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (DSM Directive). In a decision published on 17 September 2021, the OGH considered...

On 19 May 2022, the European Commission referred five EU member states – Ireland, Romania, Slovakia, Spain and Czechia – to the Court of Justice of the European Union (CJEU). The referral was based on Article 258 of the Treaty on the Functioning of the European Union (TFEU), under which, if a member state fails to fulfil an obligation under the Treaties and does not comply with a reasoned opinion delivered by the Commission within a set period, the Commission may bring the matter before the CJEU. This particular case concerns the member states’ failure to fully transpose the Audiovisual...

On 6 April 2022, the Entidade Reguladora para a Comunicação Social (Portuguese Regulatory Authority for the Media — ERC), issued a decision stating that although on-demand audiovisual operators and services, and video-sharing platforms were both subject to registration with the ERC, only the first were subject to its general regulation and intervention, and to the Transparency Law, as a result of their editorial responsibility. When the Audiovisual Media Services Directive (Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive...

For some time, Estonia has led the way when it comes to technological advancements and digital innovation. Therefore, its failure to transpose the Audio-Visual Media Services Directive (AVMSD) and the European Electronic Communications Code in a timely manner has brought the country into total disrepute. Media services are regulated by the Media Services Act (MSA), in force since 16 January 2011 (as amended). The implementation of the AVMSD was initially scheduled for May 2021. Finally, on 16th February 2022, the Act on Amendments to the Media Services Act and Amendments to Other...