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On 30 April 2024, the Council of Ministers, at the proposal of the Ministry for Digital Transformation and Public Service led by José Luis Escrivá, approved Real Decreto-Ley 444/2024 (Royal Decree-Law no. 444/2024) which, for the first time, establishes conditions for the regulation of the activities of Spanish influencers (or content creators or vloggers) in accordance with the 2022 Ley General de Comunicación Audiovisual (General Law on Audiovisual Communication). According to the royal decree, the text is designed to create an up-to-date legal framework that reflects...

The Italitan Communications Authority, AGCOM, has launched a public consultation on the specifications and requirements of the age assurance system, which will have to be implemented by providers of video-sharing platforms that disseminate images, videos and services for adult users in Italy. This is a new measure provided for by a national law (Legislative Decree 123/23 converted into Law 159/23) which is added to other instruments aimed at protecting minors on the Internet. In fact, in November 2023, guidelines came into force (Resolution No. 9/23/CONS) for operators both on smartphones...

The Italian Communications Authority (AGCOM) has, for the first time, sanctioned the Twitter International Unlimited Company, owner of the video-sharing platform X, for violating the ban on gambling advertising, pursuant to Article 9 of the Dignity Decree, imposing a fine of EUR 1 350 000.00. In particular, following numerous reports of alleged violations of the ban on online gambling advertising, AGCOM initiated and concluded a sanctioning procedure finding nine violations, one each for nine individual accounts, all marked with the blue tick. These violations related to content of an advertising...

At the end of February, the Flemish Parliament approved a proposal for a decree by Flemish Minister of Media Benjamin Dalle. This decree aims to revise Flemish regulations on radio broadcasting and television, to strengthen and reinforce the Flemish audiovisual sector. It achieves this goal by requiring financial contributions from streaming and video-sharing platforms to produce Flemish audiovisual content. A key focus is updating and aligning the existing investment obligations applicable to service distributors and private broadcasters offering non-linear television services. Moreover, the decree...

On 29 February 2024, the Court of Justice of the European Union (CJEU) imposed fines on Ireland for failing to notify the full implementation of the revised Audiovisual Media Services Directive (AVMSD). Several countries – Czechia, Romania, Slovakia, Spain and Ireland – had been referred to the CJEU by the European Commission on 19 May 2022 for failing to fully transpose the AVMSD within the required time frame. Since then, all except Ireland have notified the European Commission of the full transposition of the AVMSD. The CJEU ruled that, by failing to communicate the...