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On 22 January 2019, the Italian Communication Authority (AGCOM) launched a public consultation on a draft regulation aimed at fostering the protection of human dignity and the principle of non-discrimination, as well as combating hate speech. The scope of the application of the draft regulation includes both audiovisual media service providers and video-sharing service providers. Article 1 firstly sets out certain definitions. Inter alia, “video-sharing service providers” are defined as entities operating a service that, even in part, makes available to the public programmes and user-generated...

In a judgment of 13 September 2018 (I ZR 117/15), the Bundesgerichtshof (Federal Supreme Court - BGH) decided that neither a video channel operated for promotional purposes on the YouTube Internet platform nor a video available on that channel constitute an audiovisual media service in the sense of the Audiovisual Media Services Directive (AVMSD - 2010/13/EU). In the specific case heard by the BGH, this meant that a video advertising new cars on a YouTube promotional channel had to contain information on the vehicles’ official fuel consumption and CO² emissions because the relevant obligation in...

On 18 September 2018, Ofcom launched its discussion paper entitled “Addressing Harmful Online Content” (the report) which considers ways to regulate social media, especially in the context of children and young people, whilst respecting freedom of expression. The report follows the DCMS’s (Department for Digital, Culture, Media & Sport) July 2018 interim report entitled “Disinformation and Fake News” (see IRIS 2018-8:1/27). Furthermore, this coming winter, the UK Government will publish a White Paper setting out its intention to legislate in order to improve online safety. Ofcom’s report flagged...

On 13 June 2018, following inter-institutional negotiations, the European Parliament, European Council, and European Commission published a Provisional Agreement on a proposal amending the Audiovisual Media Services Directive (2010/13/EU) (AVMSD), which was first put forward by the Commission in May 2016 (see IRIS 2016-6/3). The proposed version of the new Directive, running to 38 pages, makes substantial amendments to over 17 of the articles of the AVMSD and includes some new articles. A number of notable amendments should be mentioned. Firstly, the amended Article 13(1) now provides that member...

With decision no. 2833 published on 29 April 2017, the Court of Appeal of Rome confirmed in its entirety last year’s ruling issued by the First Instance Court of Rome in the RTI vs. Break Media case (see IRIS 2016-6/18). Break Media is an Internet portal that publicly offers free videos, created by Break Media itself or uploaded by users, on a platform that bases its business model on advertising. The platform, in fact, has an editorial team which manually categorises the videos on the basis of several criteria. Along with the videos, users are shown targeted advertising decided on the basis of...