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On 13 July 2017, Advocate General Bobek delivered an opinion in Bolagsupplysningen OÜ and Ingrid Ilsjan v. Svensk Handel AB (Case C-194/16) concerning jurisdiction in internet defamation proceedings. The case involved a company, Bolagsupplysningen OÜ, which was established in Estonia, but which did most of its business in Sweden. A Swedish trade federation placed the company on a blacklist published on its website, stating that the company "deals in lies and deceit". A forum on the website had over 1,000 comments in response to the blacklisting, with some comments including "calls for acts of violence"...

With decision no. 2833 published on 29 April 2017, the Court of Appeal of Rome confirmed in its entirety last year’s ruling issued by the First Instance Court of Rome in the RTI vs. Break Media case (see IRIS 2016-6/18). Break Media is an Internet portal that publicly offers free videos, created by Break Media itself or uploaded by users, on a platform that bases its business model on advertising. The platform, in fact, has an editorial team which manually categorises the videos on the basis of several criteria. Along with the videos, users are shown targeted advertising decided on the basis of...

On 18 May 2017, the European Parliament gave a mandate to the Committee on Culture and Education to begin talks with the European Council on a new directive on audiovisual media services in view of changing market realities. The mandate has a special focus on the protection of children, new rules on advertising, and a 30% quota of European works on video-on-demand (VOD) platforms. The mandate, consistent with the amendments that the Culture Committee voted on 25 April 2017, was approved by 314 votes to 266, with 41 abstentions. When referring to the protection of children, the mandate given by...

In a decision of 21 February 2017 (case no. 4 Ob 137/16z), the Oberste Gerichtshof (Supreme Court) ruled that the courts of the state in which satellite broadcasts are received have jurisdiction to hear complaints about copyright breaches relating to works from the catalogue of a collecting society based in the receiving state. An Austrian collecting society filed a complaint with the national courts about a Luxembourg-based company, claiming an injunction and financial compensation because the company had offered customers in Austria access to encrypted and unencrypted television programmes broadcast...

On 23 September 2016, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA) published a study on the place of digital platforms in access to audiovisual content, their economic model, and the stakes for the sector. ‘Digital platforms’ refers to the social networks, video-share websites, app stores and search engines which offer new services that challenge the value chain and the usual legal categories of the audiovisual sector. The CSA study is based mainly on a series of hearings of stakeholders in the audiovisual, digital and advertising sectors and...