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IRIS 2017-4:1/13 [ES] White paper on broadcasting in Catalonia presented by CAC in Parliament of Catalonia

The White Paper on broadcasting in Catalonia issued by the Consell de l’Audiovisual de Catalunya (Catalan Audiovisual Council, CAC), and presented in the Parliament of Catalonia, proposes a strategic plan to foster the sustainable development of the Catalan broadcasting system in the coming years. It achieves this by addressing the challenges of ensuring the economic sustainability of public media; consolidating the commercial content providers and making them competitive, particularly in the local sector; strengthening the cultural industries; increasing Catalan language in broadcasting overall;...

IRIS 2017-4:1/12 [ES] YouTube removes four videos following request from CAC

On 6 February 2017, the video-sharing platform YouTube removed four copies of a video in which a user appears in Barcelona offering a beggar biscuits filled with toothpaste. Although the user already removed the video, the Consell de l'Audiovisual de Catalunya (Catalonian Audiovisual Council, CAC) noted the same video had been again uploaded through four other YouTube accounts. On 27 January 2017, the CAC contacted YouTube asking them to remove these four copies of the original video, on the basis that the content showed in the video violated the fundamental rights of a person, in particular the...

IRIS 2017-2:1/15 [FR] New tax on video distribution of audiovisual content

By adopting an amendment to the Finance Act on 29 December 2016, French MPs defied the government by including the advertising income of websites offering free or paid video content in the sum of revenue generated from video sale and rental on which the so-called ‘video and VoD tax’ is levied to fund the National Centre for Cinema (Centre national du cinéma - CNC). The tax will be paid by providers of on-demand audiovisual media services and social platforms (such as YouTube or Dailymotion) that offer access to audiovisual content. The tax will therefore apply to any operator, wherever it is based,...

IRIS 2017-2:1/13 [ES] YouTube removes five videos denounced by CAC for inciting violence against women

The video-sharing platform YouTube removed five videos that the Catalan Audiovisual Council (CAC) and the Department of the Presidency of the Catalan Government denounced for inciting violence against women. The CAC reported on five videos, including Cómo pegar a una mujer (“How to beat a woman”), and 10 blogs, including Dominación Machista (“Male Domination”), El Rincon del macho (“Macho corner”) and La Cueva del misógino (“Misogynist’s cave”). The 15 videos and blogs were reported to the State Attorney in Barcelona, who has opened investigation proceedings concerning their content. In parallel...

IRIS 2016-6:1/18 [IT] Court of Rome: no need for a detailed notice to trigger ISP’s liability

In its decision filed on 27 April 2016, the Court of First Instance of Rome (Tribunale di Roma) states that even a non-detailed cease-and-desist letter (i.e., a letter without any indication of the URLs), subject to specific conditions, may be deemed sufficient to oblige the relevant hosting provider to remove the infringing content. RTI S.p.A. (“RTI”), a company which belongs to the Mediaset group, owner of the exploitation rights of several TV shows, requested to TMFT Enterprises LLC - Break Media (“Break Media”) which operates a well-known video-sharing platform, the removal of RTI’s content...