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IRIS 2021-10:1/7 [FR] Refusal of request for Internet access providers to block pornographic websites accessible to minors

Two child protection organisations filed a motion for a summary hearing in the hope that the courts would order France’s largest Internet access providers to take appropriate measures to block access to nine pornographic websites. Their claims were based, firstly, on the provisions of Article 6-I-8 of the Law on Confidence in the Digital Economy (LCEN) of 21 June 2004, and secondly on the provisions of Article 835(1) of the Code of Civil Procedure. They were not, however, based on Article 23 of Law no. 2020-936 of 30 July 2020, which assigns jurisdiction in the dispute to the president of...

IRIS 2021-9:1/24 [DE] TikTok deletes 91 Nazi profiles and 169 violent videos following media authority warning

According to a press release published on 29 July 2021 by the Medienanstalt Hamburg/Schleswig-Holstein (Hamburg/Schleswig-Holstein media authority – MA HSH), one of Germany’s 14 media regulators, the TikTok social media platform recently deleted 91 profiles and 169 videos containing either Nazi references or scenes of violence that could be harmful to minors after receiving a notification from the MA HSH. The TikTok platform is a video portal that enables users to upload music videos or short video clips. It also includes social networking features and is operated by the Chinese...

IRIS 2021-8:1/22 [DE] KJM orders blocking of Cypriot pornography portal

Following numerous violations of the Jugendmedienschutz-Staatsvertrag (State Treaty on the Protection of Minors in the Media – JMStV), the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) ordered the blocking of a pornographic website in a case referred to it by the Landesanstalt für Medien NRW (North-Rhine Westphalia media authority – LfM NRW). Many user profiles on the widely used German-language website provide unrestricted access to pornographic content, that is clearly likely to seriously impair the development...

IRIS 2021-7:1/15 [IT] Public consultation on the parental control system in the electronic communications field

With the decision No. 160/21/CONS published on 7 June 2021, the Italian Authority for Communications (Agcom) launched a public consultation on the parental control system in the electronic communication field, pursuant Article No. 7-bis entitled “Protection system for minors from the risk of cyberspace”, provided by the Law Decree No. 28 of 30 April 2021. The abovementioned rule lays down that the electronic communication supply contracts – including television operators - must provide free and “activated by default” parental control systems, able to filter inappropriate...

IRIS 2021-7:1/24 [NL] New law on online gambling and media advertising

On 1 April 2021, an important new law on online gambling and gambling advertising (Online Gambling Act) (Wet Kansspelen op afstand) came into force, including notable amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Due to the difficulty of regulating increasingly popular (illegal) foreign gambling websites, the Dutch parliament enacted a legal response. With this new law, the ban on online gambling and the advertising of gambling has been lifted to improve regulation of the market. With the amendment to the Dutch law on gambling, gambling service providers can now request a permit...