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On 8 January 2024, the Dutch Media Authority (Commissariaat voor de Media, CvdM) issued a significant decision, imposing a fine on ESPN , a sports broadcaster, for numerous violations of the rules governing gambling advertising. This action follows the new legislation on gambling advertising coming into force in 2023 (see IRIS 2023-7/20) and previously in 2021 (see IRIS 2022-2/15). The CvdM stated that it attached “great importance” to compliance with these regulations, as they are designed to “protect minors”. Seeing advertising for gambling can lead to a “positive...

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...

The GB News programme "The Live Desk" promoted the broadcaster’s campaign called "Don’t Kill Cash" to promote the use of cash. Ofcom considered that the campaign was addressing an issue of political controversy and related to current public policy. The GB News campaign breached Rule 5.4 of Ofcom’s Broadcasting Code which requires licensees to exclude all expressions of the views and opinions of the person providing the service. Further, GB News breached rule 5.5 requiring a broadcaster to preserve due impartiality on matters of political or industrial controversy...

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...

The Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) of the Landesmedienanstalten (state media authorities) has ruled that schwarz rot gold tv GmbH breached the ban on thematic placement enshrined in the Medienstaatsvertrag (state media treaty - MStV). The infringement occurred when six hours of editorial content from Media in res Medien GmbH (Auf1) were broadcast each day on the schwarz rot gold tv (SRGT) channel in return for a fee. As a result, schwarz rot gold tv GmbH has been banned from distributing such content for payment. The ZAK is the...