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On 19 May 2022, the European Commission referred five EU member states – Ireland, Romania, Slovakia, Spain and Czechia – to the Court of Justice of the European Union (CJEU). The referral was based on Article 258 of the Treaty on the Functioning of the European Union (TFEU), under which, if a member state fails to fulfil an obligation under the Treaties and does not comply with a reasoned opinion delivered by the Commission within a set period, the Commission may bring the matter before the CJEU. This particular case concerns the member states’ failure to fully transpose the Audiovisual...

In accordance with Article 23 of the Law of 30 July 2020 to protect the victims of domestic violence, “if a provider of an online public communication service is found to be allowing minors to access pornographic content in violation of Article 227-24 of the Penal Code, the ARCOM (the French broadcasting regulator) president will send it – in a manner in which the date of receipt can be proven – a formal notice ordering it to take all possible steps to prevent minors accessing the content concerned. The recipient of the injunction then has 15 days in which to present its observations....

Under Law no. 2020-1266 of 19 October 2020 regulating the commercial exploitation of children under 16 on Internet platforms, which entered into force on 20 April 2021, so-called “child YouTubers” now enjoy the same protection as children in the modelling and entertainment industries, as described in Articles L. 7124-1 et seq. of the Employment Code, as well as specific rights such as the “right to be forgotten”. Before their children are filmed or their videos are disseminated, parents must request an individual licence or approval from the authorities. Their child’s...

On 11 May 2022, the European Commission published a new strategy for a better internet for kids. Announced in March 2021 as part of the European Union strategy on the rights of the child, the strategy falls under one of the priorities of Ursula von der Leyen’s presidency of the Commission (2019-2024), entitled “A new push for European democracy”. Although it is not legislative in nature, the Commission’s communication is no less important, since it lists the different ways in which the Commission intends to better protect children and young people online by empowering them...

On 15 March 2022, the Rundfunkkommission (Broadcasting Commission) of the German Bundesländer, which acts as a joint discussion forum and decision-making body on media policy and related legal questions for the Heads of the State and Senate Chancelleries, adopted proposals to reform the Jugendmedienschutz-Staatsvertrag (Interstate Treaty on the Protection of Minors in the Media – JMStV). The proposals were published in the form of a discussion draft and a consultation procedure was opened. The reforms, which focus in particular on the improvement of technical measures to protect young...