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On 1 October 2021, new rules establishing an appeal procedure for social networks and video-sharing platform services entered into force in Germany. The rules were introduced as part of the latest reform of the Netzwerkdurchsetzungsgesetz (Network Enforcement Act – NetzDG) under the Gesetz zur Änderung des Netzwerkdurchsetzungsgesetzes (Act to Amend the Network Enforcement Act) of 3 June 2021. For video-sharing platform services, the appeal procedure has been applicable to user-generated videos and programmes since 28 June 2021. Since 1 October 2021, as well as social networks, video-sharing...

In a press release of 12 October 2021, the Landgericht Köln (Cologne regional court – LG Köln) announced that it had decided in summary proceedings (case nos. 28 O 351/21 and 28 O 350/21) that YouTube had unfairly deleted two user-generated videos, featuring reports and interviews concerning COVID-19, on the basis of its general terms and conditions. As part of the “#allesaufdentisch” campaign, which went viral at the end of September this year, various German artists uploaded onto the YouTube video-sharing platform video clips of interviews with comments by so-called...

On 8 September 2021, the Lietuvos radijo ir televizijos komisija (Radio and Television Commission of Lithuania — RTCL) approved the description of the requirements to be applied to codes of ethics for audiovisual media services providers and video sharing platform services providers, and for the evaluation of their effectiveness (Sprendimas dėl Audiovizualinės žiniasklaidos paslaugų teikėjų ir dalijimosi vaizdo medžiaga platformos paslaugų teikėjų taikomų elgesio (etikos) kodeksų ar jų dalių veiksmingumo nustatymo tvarkos aprašo patvirtinimo; the requirements). According to the...

On 22 June 2021, the Grand Chamber of the Court of Justice of the EU (CJEU) issued a judgment on the joined cases C‑682/18 and C‑683/18. The case concerned several infringements of the intellectual property rights held by Mr Peterson and Elsevier committed by users of the video‑sharing platform operated by YouTube and the file-hosting and -sharing platform operated by Cyando, respectively. The judgment follows the German Bundesgerichtshof (Federal Court of Justice) request for a preliminary ruling concerning the interpretation of Article 3(1) and Article 8(3) of the InfoSoc Directive, of Article...

Former U.S. President Donald Trump has been banned from Facebook for two years. In a blog post sharing the decision on 4 June 2021, Facebook committed to being more transparent about content moderation decisions, and about how such decisions impact individuals. Account holders will now be able to see if and when any of their content was removed, why, and what the penalty was. However, Facebook also called for “thoughtful regulation” from legislators, and explained that its internal policies were not a replacement for such legislation. By way of background to the present case, a violent...