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IRIS 2022-4:1/23 [DE] Cologne Administrative Court: new Network Enforcement Act provisions breach EU law

In a press release of 1 March 2022, concerning its decisions in cases brought by Google Ireland Ltd. and Meta Platforms Ireland Ltd, the Verwaltungsgericht Köln (Cologne Administrative Court – VG Köln) announced that the reporting obligations added to the Netzwerkdurchsetzungsgesetz (Network Enforcement Act – NetzDG) under Article 7 of the Gesetz zur besseren Bekämpfung des Rechtsextremismus und der Hasskriminalität (Act on improving the fight against right-wing extremism and hate crime), which entered into force on 1 February 2022, were inapplicable because they...

IRIS 2022-2:1/3 [IT] Transposition of the revised AVMSD

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...

IRIS 2022-2:1/9 [FR] Rules applicable to commercial communications provided by video-sharing platforms

Video-sharing platforms, which are now covered by Article 2 of the Law of 30 September 1986, are subject to certain obligations set out in Articles 59 to 61 of the Law. Decree no. 2021-1922 of 30 December 2021 explains these obligations in respect of commercial communications that are marketed, sold or organised by these platforms. Commercial communications (in particular advertising, sponsorship, teleshopping and product placement) are “images, with or without sound, designed to directly or indirectly promote products, services or the image of a natural or legal person who exercises an economic...

IRIS 2022-2:1/12 [RO] Modification of the audiovisual and cinematography legislation

The Chamber of Deputies (lower chamber of the Romanian Parliament) adopted on 7 December 2021 the Draft Law for the amendment and completion of the Audiovisual Law no. 504/2002, and the amendment and completion of the Government Ordinance no. 39/2005 on cinematography (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, and IRIS 2019-5/22). The Draft law was sent to the Senate (upper chamber) whose decision will be final. The project aims at transposing...

IRIS 2022-2:1/19 [DE] Proceedings opened against RT for broadcasting without a licence

The dispute over the distribution of the RT DE television channel in Germany is threatening to become another area of conflict in what has, for many years, been an increasingly tense relationship between the Russian Federation and Germany. On 16 December 2021, RT (previously known as Russia Today) launched RT DE, a new live German-language channel. However, it did not have a German broadcasting licence for the channel, but instead used a licence issued in Serbia. A previous attempt by the broadcaster to obtain a licence from Luxembourg had failed. However, since the broadcaster does not hold...