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On 28 June 2023, the Medienanstalt Hamburg/Schleswig-Holstein (Hamburg/Schleswig-Holstein media authority – MA HSH), as the responsible media regulator, called on the company Google Ireland Ltd. to meet its new obligations under the German Medienstaatsvertrag (State Media Treaty – MStV). In its decision, it accused Google of failing to meet its legal obligation to ensure transparency for users on its YouTube platform by informing them about why they were being shown particular content. It is the first time a German media regulator has taken action against a global media intermediary...

On 9 August 2023, Ofcom, the UK’s communications regulator, published its first report on video-sharing platforms’ (VSPs) user policies. The report highlights examples of good practice, but also underscores the need for VSPs to simplify their terms, improve communication of content guidelines, and enhance training for content moderators to create a safer online environment. Background Ofcom was appointed as the regulator for UK-established video-sharing platforms (VSPs) in November 2020. The Communications Act 2003 lists measures that VSP providers must take, as appropriate, to...

On 10 January 2023, Ofcom launched its enforcement programme into age assurance measures on UK-established adult video-sharing platforms (VSP) – the goal of which is to look at age assurance measures in place on VSPs specialising in adult content under Ofcom’s jurisdiction. Ofcom may launch so-called enforcement programmes to look at a problem or area of concern relating to a particular group of stakeholders – in this case VSPs – or to a whole sector. The launch of the programme coincided with Ofcom entering the second year of the VSP regime, following the October 2022...

On 3 May 2023, Ofcom (the UK’s independent communications regulator) gave an update on the repeal of the video-sharing platform (VSP) regulatory framework and what this means for providers in moving to the new online safety regime. Background On 5 December 2022, the UK Government set out the process for repealing the VSP regime in an amendment to the forthcoming Online Safety Bill (OSB). The OSB establishes a new regulatory framework to achieve “the adequate protection of citizens from harm presented by content on regulated services, through the appropriate use by providers of...

With Resolution no. 76/23/CONS of 16 March 2023, the Italian Communications Authority launched a public consultation on the draft regulation for the implementation of Article 41, paragraph 9, of the legislative decree of 8 November 2021, no. 208 (so-called TUSMA). The regulation will apply to programmes, user-generated videos and audiovisual commercial communications addressed to the Italian public and conveyed by a platform whose supplier is established in another Member State. The consultation will last 30 days from 19 April 2023. In particular, the regulation provides for the removal...