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On 10th January 2024, the Italian Communication Authority (AGCOM) issued, by resolution no. 7/24/CONS, some long-awaited guidelines to urge compliance with the Audiovisual Media Services Code (‘TUSMA’, Legislative Decree no. 208/2021) by influencers (‘Guidelines’). The resolution also established a technical group of experts. The release of the Guidelines follows the increase in the online dissemination of content by various subjects having control over the creation, fabrication or organisation of the same, commonly known as ‘influencers’. According to...

In the face of social concern about the increasing uncontrolled access of children and young people to adult content, Spain is making legal and practical progress in the protection of minors on the Internet. Firstly, it was the Spanish Data Protection Agency (Agencia Española de Protección de Datos – AEPD) that introduced an age verification system in December 2023 to ensure that any person accessing adult content is authorised to do so. This is in line with the General Law on Audiovisual Communication (Spanish Law 13/2022), which obliges video-sharing platforms to set...

On 5 December 2023, the Italian Communications Authority (AGCOM), adopted three significant measures against major video-sharing platforms for violating the Italian prohibition on advertising games with cash prizes. Italian regulations prohibit any such form of direct or indirect advertising conducted on any transmission platform, including social media. In particular, with Resolution No. 317/23/CONS, Google Ireland Ltd. was fined EUR 2 250 000 (for the third time), and with Resolution No. 318/23/CONS, Twitch Interactive Germany GmbH was fined EUR 900 000 for violating the prohibition on gambling...

The Italian Communications Authority (AGCOM), with Resolution No. 298/23/CONS of 22 November 2023, has adopted, following the public consultation initiated with Resolution No. 76/23/CONS (see IRIS 2023-5:1/5), a regulation that establishes rules aimed at protecting minors and consumers from harmful content disseminated on digital video-sharing platforms (VSPs). The regulation, which will come into effect on 8 January 2024, defines the procedures through which AGCOM can restrict the circulation of content intended for the Italian public, issuing an order to to the hosting platforms requiring...

The Spanish Data Protection Agency (AEPD) has incorporated TikTok into its Priority Channel, a communication channel established between the agency and Spanish citizens to report content (photographs or videos) published on social media that is of a sexual nature or that shows acts of aggression that put the rights and freedoms of the people affected at high risk. The legal basis for this channel is that one’s own image constitutes personal data and , under Spanish law, the AEPD has the power to adopt urgent measures to limit the publication of content that undermines the protection of personal...