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The House of Representatives has adopted a number of amendments to the basic law on Radio and Television Organisations 7(I)/1998 in order to fully harmonise its provisions with the AVMS European Directive. According to the explanatory report attached to the draft of the amended law, the amended sections of the law relate to a variety of issues, with some deemed necessary on the basis of observations made within the framework of "EU Pilot" (an ongoing informal dialogue between the Commission and the EU member states about issues related to potential non-compliance with EU law). The main amendments...

In a decision of 23 July 2019 (KOA 1.960/19-197), the Austrian communication regulator KommAustria ruled that a video produced by the Freiheitliche Partei Österreichs (Freedom Party of Austria – FPÖ) on the theme of “E-Card fraud” was discriminatory and therefore violated Article 31(3)(2) of the Audiovisuelles Mediendienste-Gesetz (Audiovisual Media Services Law - AMD-G). The FPÖ operates the on-demand audiovisual service ‘FPÖ-TV’ and has registered its own YouTube and Facebook channels with KommAustria. Via its on-demand service, it posted a video about measures taken by the government at the...

On April 23rd, 2019, the Commissariaat voor de Media (the Dutch Media Authority) and the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority) announced that they are intensifying the level of their cooperation with each other and that they have accordingly agreed on a cooperation protocol. Their collaborative efforts will focus on supervision and enforcement in respect of media institutions. The aim of the protocol is to set out the relationship between the authorities in this context, and to improve transparency. The general principles of the cooperation are set out in chapter two...

On 18 April 2019, through Resolution No. 132/19/CONS, the Italian Communications Authority (AGCOM) issued guidelines (Guidelines) to implement the provisions of Article 9 of the so-called Dignity Decree (“Decreto Dignità”, Decree Law No. 87/2018). The Guidelines aim at achieving a high degree of consumer protection, with particular emphasis on “vulnerable” categories (gambling addicts, minors and seniors) by ensuring the transparency of conditions and services offered in order to promote an educated gaming choice. Consumer protection is also ensured by using the recognisable logos of the Customs...

The Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) of the Federal Republic of Germany recently took two decisions in urgent proceedings concerning election campaign ads for the NPD political party, while a third case was decided by the Hessische Verwaltungsgerichtshof (Hessian Administrative Court - VGH). A number of public service television and radio broadcasters had refused to broadcast the ads. In two of the three cases, the courts decided that they had been wrong to do so. Under provisions such as Article 11(1) of the ZDF-Staatsvertrag (Inter-State Agreement on ZDF), political...