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IRIS 2024-5:1/9 [IT] The Italian Government adopts the Corrective Decree amending the Italian Audiovisual Media Services Code

The corrective decree (“Corrective Decree”), which supplements and amends Legislative Decree No. 208 of November 8, 2021 (“AVMS Code”), was published in the Italian Official Gazette on April 17, 2024. The approval of the Corrective Decree has followed a complex legislative itinerary, during which the Advisory Section for Regulatory Acts of the Council of State and the ad hoc commissions of the Senate and the Chamber of Deputies rendered interesting opinions on the legislative novelties introduced.  The Corrective Decree introduced a vast array of amendments...

IRIS 2024-5:1/10 [PT] Irregularities in advertising targeting children and adolescents in Portugal

The Portuguese Media Regulatory Agency has published a report on advertising targeting children and commercial communications in children's channels and/or programs, suggesting a lack of compliance by TV channels. Advertising forbidden food due to nutritional composition is among the most irregularities found in the report. In that matter, TV channels present a highly diverse performance, with the public broadcasting service showing that, in the period analysed, there was no advertising or commercial communications in the block programming aimed at children. The study, conducted in the...

IRIS 2024-4:1/6 [IT] AGCOM public consultation on the methods of verification of the age of majority by website managers and video-sharing platform suppliers

The Italitan Communications Authority, AGCOM, has launched a public consultation on the specifications and requirements of the age assurance system, which will have to be implemented by providers of video-sharing platforms that disseminate images, videos and services for adult users in Italy. This is a new measure provided for by a national law (Legislative Decree 123/23 converted into Law 159/23) which is added to other instruments aimed at protecting minors on the Internet. In fact, in November 2023, guidelines came into force (Resolution No. 9/23/CONS) for operators both on smartphones...

IRIS 2024-4:1/7 [IT] For the first time, AGCOM imposes a fine of more than one million euros on social network X for prohibited online gambling advertising

The Italian Communications Authority (AGCOM) has, for the first time, sanctioned the Twitter International Unlimited Company, owner of the video-sharing platform X, for violating the ban on gambling advertising, pursuant to Article 9 of the Dignity Decree, imposing a fine of EUR 1 350 000.00. In particular, following numerous reports of alleged violations of the ban on online gambling advertising, AGCOM initiated and concluded a sanctioning procedure finding nine violations, one each for nine individual accounts, all marked with the blue tick. These violations related to content of an advertising...

IRIS 2024-4:1/12 [FR] Access to pornographic websites for minors: Conseil d’Etat submits three preliminary questions to CJEU

Two Czech-based pornographic website publishers asked the Conseil d’État (Council of State) to annul Decree No. 2021-1306 of 7 October 2021 on methods for implementing measures to prevent minors accessing sites with pornographic content, particularly the provision that gives the president of ARCOM (the French audiovisual regulator) the power to implement the procedure provided for in Article 23 of the Law of 30 July 2020, i.e. to issue a formal notice ordering publishers to take all possible steps to prevent minors accessing pornographic content within 15 days. Firstly, the Conseil...