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On 31 January 2018, the European Commission decided that Sweden’s intention to impose a ban on alcohol advertising on two UK-based broadcasters that target mainly Swedish audiences is not compatible with EU law. This is the first Commission decision to be based on Article 4 of the Audiovisual Media Services Directive (2010/13/EU) (AVMSD). Under the AVMSD, the laws applicable to a broadcaster are determined on the basis of the country-of-origin principle. According to this principle, a broadcaster must comply only with the rules of the EU member state in which it is established, even if it broadcasts...

In a ruling of 21 February 2018 (case C-132/17), the Court of Justice of the European Union (CJEU) explained that neither a video channel on a video platform (in this case, YouTube), on which Internet users can only view short promotional videos, nor videos posted on such platforms, can be classified as audiovisual media services in the sense of the Audiovisual Media Services Directive (AVMSD - 2010/13/EU). The decision concerns a legal dispute between car manufacturer Peugeot Deutschland GmbH and the environmental and consumer protection organisation Deutsche Umwelthilfe e. V. Peugeot runs a channel...

On 10 January 2018, the Italian Communication Authority (AGCOM) issued Resolution No. 1/18/CONS to enact the provisions of the Par Condicio Law (Law No. 28 of 22 February 2000) applicable to private broadcasters during the electoral period preceding the general elections to be held on 4 March 2018. In particular, the resolution aims at ensuring the respect of some core principles, including pluralism, impartiality, independence and the completeness of media coverage of elections. With respect to broadcast media, specific rules are laid down to allot time in political communication programmes (that...

On 1 February 2018, the Italian Communication Authority (AGCOM) published guidelines to ensure equal treatment of parties/candidates on online platforms within the context of the next general elections. The guidelines are the result of the work performed within the context of a working group established by AGCOM containing representatives from major online platforms and newspapers. Although the guidelines constitute self-regulatory “soft law” and do not therefore have specific legal value, they nonetheless provide helpful insight into how operators and stakeholders are approaching Italian election...

On 25 January 2018, the Commission on the operating environment of independent media presented to the Icelandic Minister of Culture and Education, Ms. Lilja Alfreðsdóttir, its report entitled “The operation environment of the media - Commission proposals on an improved operation environment of independent media.” The Commission proposed various changes to the current media policy instrument: firstly, a time-limited 25% refund of costs directly related to the production of news and current affairs in the media. The refund will apply to all licensed and registered media; television, radio, newspapers,...