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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...

IRIS 2024-3:1/7 CJEU fines Ireland for failing to transpose the revised AVMSD

On 29 February 2024, the Court of Justice of the European Union (CJEU) imposed fines on Ireland for failing to notify the full implementation of the revised Audiovisual Media Services Directive (AVMSD). Several countries – Czechia, Romania, Slovakia, Spain and Ireland – had been referred to the CJEU by the European Commission on 19 May 2022 for failing to fully transpose the AVMSD within the required time frame. Since then, all except Ireland have notified the European Commission of the full transposition of the AVMSD. The CJEU ruled that, by failing to communicate the...

IRIS 2024-3:1/10 [FR] Respect for children’s image rights on the Internet: provisions of the law of 19 February 2024

Designed to improve the protection of the image rights of children whose parents publish photographs and videos of them on social media, the law “guaranteeing respect for children’s image rights” was published in the Official Journal on 19 February. This practice, known as ‘sharenting’, carries various risks, including online identity fraud, blackmail, cyberstalking, child prostitution and child pornography. The Child Influencers Act of 19 October 2020 was a first step in protecting the image rights of children who appear in videos posted on social networks. However,...

IRIS 2024-3:1/15 [IT] Protection of minors: AGCOM intervenes to remove videos from TikTok

Following an intervention by the Italian Communications Authority (AGCOM), the video-sharing platform TikTok, based in Ireland, has proceeded to remove several videos from its platform, all related to the so-called "French scar". The videos identified involve challenges (or so-called challenges) related to the phenomenon known as the "French scar" where very young participants intentionally bruise themselves and create red marks by squeezing the skin of their cheeks around the cheekbones. The purpose behind this practice is to pretend to have been involved in a physical altercation...