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IRIS 2021-7:1/4 Court of Justice of the EU: Case Google/Cyando

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...

IRIS 2021-7:1/21 [US] Facebook bans Trump for 2 years

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...

IRIS 2021-6:1/20 [BG] Mandatory requirements for video-sharing platform providers already in force in Bulgaria

On 22 December 2020 the Act for amendment and supplement to Закон за радиото и телевизията (the Radio and Television Act - RTA) was promulgated in Държавен вестник (State Gazette) and Directive (EU) 2018/1808 (AVMSD) was transposed in Bulgarian national law (see IRIS 2021-2/22). One of the main novelties concerns the regulation of video-sharing platform services and providers within the meaning of the AVMSD. The Съвет за електронни медии (the Council for Electronic Media - CEM) is now empowered to regulate all video-sharing platform providers (platform providers) which are operating under the...

IRIS 2021-6:1/26 [DE] State media authorities issue further rules on state media treaty

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted further rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. Following the entry into force of an initial series of rules designed to implement the MStV’s provisions on exemption from prior authorisation, advertising and competition (see IRIS 2021-4/12), the latest rules concern, among other things, European productions (Article...

IRIS 2021-3:1/4 [BG] Bulgarian competition watchdog approves major acquisitions in the local media, telecom and newspaper market

By adopting Decision No. АКТ-37-14.01.2021 of Комисия за защита на конкуренцията (the Commission for Protection of Competition, CPC), the local competition regulator has unconditionally approved the acquisition of the Bulgarian media company Нова Броудкастинг Груп (Nova Broadcasting Group) and its subsidiaries by the Dutch-based telecommunications and media company United Group. Nova Broadcasting Group is one of the leading media service providers on the market. It owns 10 TV channels, including one of the national TV channels – Нова телевизия (Nova TV) –, as well as four radio...