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On 10th January 2024, the Italian Communication Authority (AGCOM) issued, by resolution no. 7/24/CONS, some long-awaited guidelines to urge compliance with the Audiovisual Media Services Code (‘TUSMA’, Legislative Decree no. 208/2021) by influencers (‘Guidelines’). The resolution also established a technical group of experts. The release of the Guidelines follows the increase in the online dissemination of content by various subjects having control over the creation, fabrication or organisation of the same, commonly known as ‘influencers’. According to...

On 5 December 2023, the Italian Communications Authority (AGCOM), adopted three significant measures against major video-sharing platforms for violating the Italian prohibition on advertising games with cash prizes. Italian regulations prohibit any such form of direct or indirect advertising conducted on any transmission platform, including social media. In particular, with Resolution No. 317/23/CONS, Google Ireland Ltd. was fined EUR 2 250 000 (for the third time), and with Resolution No. 318/23/CONS, Twitch Interactive Germany GmbH was fined EUR 900 000 for violating the prohibition on gambling...

The Italian Communications Authority (AGCOM), with Resolution No. 298/23/CONS of 22 November 2023, has adopted, following the public consultation initiated with Resolution No. 76/23/CONS (see IRIS 2023-5:1/5), a regulation that establishes rules aimed at protecting minors and consumers from harmful content disseminated on digital video-sharing platforms (VSPs). The regulation, which will come into effect on 8 January 2024, defines the procedures through which AGCOM can restrict the circulation of content intended for the Italian public, issuing an order to to the hosting platforms requiring...

On 10 November 2023, the Irish media regulator Coimisiún na Meán (the Media Commission) published a Designation Decision Framework (further referred to as “Framework”) for video-sharing platforms services (VSPS) to inform individual providers of online services of the assessment and decision-making process it intends to follow in order to determine whether a named service meets the defining criteria of a VSPS, and whether the provider of such a service is under Irish jurisdiction. The Online Safety and Media Regulation Act of 2022 amending the Broadcasting Act of 2009,...

On 21 July, AGCOM launched with resolution no. 178/23/CNS a public consultation on the measures to be adopted to ensure influencers' compliance with the Consolidated Law on audiovisual media services. AGCOM's goal of extending the scope of the legal and regulatory framework to these subjects stems from the observation that the activities carried out by influencers are comparable to the provision of audiovisual media services. The activities involved are those carried out by subjects denominated in current language with the term of "influencer", but also "vlogger",...