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IRIS 2024-9:1/15 [BG] The NRA clarifies new legislation on the ban of gambling advertising

In a recent decision of the Национална агенция за приходите (the National Revenue Agency – NRA), the regulatory body provided clarifications on the interpretation of the latest amendments to the Bulgarian Закона за хазарта (Gambling Act) concerning the ban of gambling advertising (see IRIS 2024-6:1/18). Historically, the origins of these legislative changes date back to August 2022, when a Memorandum of Cooperation was signed between the Съвет за електронни медии (Council for Electronic Media – CEM) and the NRA. This collaboration stemmed from growing concerns over aggressive gambling...

IRIS 2024-8:1/13 [NL] Online news outlet’s proceedings over suspension from YouTube monetisation programme

On 2 August 2024, the Amsterdam District Court (Rechtbank Amsterdam) delivered a significant judgment on YouTube’s suspension of an online news outlet from YouTube’s monetisation programme, over the channel’s “misleading content”, including on the climate crisis. Notably, the Court rejected the news outlet’s claim that there had been a violation of its right to freedom of expression, and said YouTube had the freedom to create an “advertising-friendly environment”, where certain channels are deemed “unsuitable for advertising” over misleading...

IRIS 2024-8:1/21 [DE] Berlin Administrative Court rules on regional advertising ban

In a recently published decision of 22 April 2024 (Case No. 32 K 1/23), the Verwaltungsgericht Berlin (Berlin Administrative Court – VG Berlin) upheld a complaint concerning a breach of the ban on regional advertising lodged by a Landesmedienanstalt (state media authority) against a national television broadcaster. It held that the advertising ban, enshrined in the German Medienstaatsvertrag (state media treaty – MStV), was not unconstitutional. However, a different court had previously found that the ban, which was also the subject of a 2021 European Court of Justice ruling in the...

IRIS 2024-8:1/26 [IT] AGCOM sanctions RAI for hidden advertising during the Sanremo Festival

The Italian Communications Authority (AGCOM), by means of Resolution No. 94/24/CSP dated 24 July 2024, published on 5 August 2024, fined the Italian broadcasting company RAI EUR 206 580.00, equivalent to twenty times the minimum fine, for an incident involving the shoes worn by John Travolta during the 74th edition of the Sanremo 2024 Italian Song Festival. The Authority deemed it a case of covert advertising, concluding that the current regulations on the proper disclosure of advertising messages had not been adhered to. RAI argued that it had a specific contract with the renowned actor prohibiting...

IRIS 2024-7:1/16 [GB] Fin-fluencers face legal action for promoting unauthorised high-risk investments on social media

In May 2024, the Financial Conduct Authority (FCA), the UK’s independent regulator of the financial services industry, announced that it had brought charges against a group of reality TV stars and social media influencers for promoting unauthorised investment schemes. This case marks the first prosecution by the FCA against individuals described by the neologism "finfluencer", highlighting the growing intersection between social media influence and financial regulations. The accused, including prominent figures from popular shows like Love Island and The Only Way is Essex, have...