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On 15 December 2020, the European Commission published the eagerly-awaited Proposal for a Regulation on contestable and fair markets in the digital sector (Digital Markets Act) (DMA). The DMA builds upon the Platform-to-Business Regulation 2019 (see IRIS 2019-4/7), and its purpose is to target very large online platforms which act as gatekeepers between business users and end users, and which have a major impact and substantial control on the access to certain digital markets. As such, the DMA is designed to lay down harmonised rules across the European Union to ensure contestable and fair markets...

On 16 October 2020, the Competition and Markets Authority (CMA) published undertakings dated 1 October 2020 given by Facebook Ireland Ltd, which operates Instagram in the United Kingdom, committing to tackling hidden advertising on the photo- and video-sharing platform. The undertakings were issued pursuant to section 219 (4) of the Enterprise Act 2002. The CMA had been investigating hidden advertising on Instagram concerning too many social media influencers posting content about businesses without clarifying whether they had been paid or incentivised to do so, and whether Facebook was adequately addressing...

On 22 December 2020, a new 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 entered into force on the same day. By way of this Act, Bulgaria has transposed Directive (EU) 2018/1808 (AVMSD/Directive) shortly after the infringement procedure opened by the Commission against Bulgaria and other countries. Video-sharing platform services One of the main novelties concerns the regulation of video-sharing platform services and providers within the meaning of the AVMSD. From now on, video-sharing...

In a decision (I ZR 153/17) of 10 December 2020, the Bundesgerichtshof (Federal Supreme Court – BGH), Germany’s highest ordinary court, ruled that the information that must be disclosed concerning a user who has illegally uploaded copyright-protected content to a video-sharing platform does not include their e-mail address, telephone number or IP address. The court therefore followed the preliminary ruling of the Court of Justice of the European Union (CJEU) of 9 July 2020 (C-264/19). The dispute concerned an action brought by a film distributor against the YouTube Internet platform....

The new Law on Electronic Media was officially presented before the Croatian Parliament in November 2020 and is scheduled to be discussed in a first reading before the end of this year. This will be the seventh change in the law; it was first adopted in 2003 and amended in 2007, 2008, 2009 (twice), 2011, and 2013. Prior to 2003, the audiovisual sector was included in the Law on Telecommunications (first adopted in 1994, amended twice in 1999 and twice in 2001, with subsequent changes ceasing to encompass the content-producing media industry). The 2003 law created the Agency for Electronic...