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IRIS 2020-10:1/4 [DE] Media regulator takes action against Twitter for pornographic content

On 30 September 2020, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) ruled that youth protection rules had been breached on the Twitter platform. Unable to prosecute the account holders concerned on account of their anonymity, the KJM held Twitter itself responsible. In six separate cases, the KJM found that Twitter users had breached the German Jugendmedienschutz-Staatsvertrag (Inter-State Treaty on the protection of minors in the media – JMStV) by making pornographic content publicly accessible. Since the service providers...

IRIS 2020-10:1/1 [ES] CNMC launches public consultation on the application of media service providers regulation to VSPs

On 1 October, the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC), the Spanish regulator, launched a public consultation to determine whether video-sharing platforms (VSP) should comply with the current regulation that media service providers (MSP) are subject to. The development of new audiovisual actors such as VSPs and new media services which are sometimes difficult to categorise were some of the reasons for the update of the AVMSD; the new Directive redefined the concept of a programme, making it no longer necessary to have...

IRIS 2020-9:1/21 [DE] Youth protection body publishes report on search engine filter mechanisms

On 21 August 2020, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) published a report entitled “Search engine filter mechanisms”. The report, prepared by jugendschutz.net on behalf of the KJM, studied the security settings of Germany’s two most popular search engines, Google and Bing. It concluded that, even when security settings were activated, children and young people using both platforms could easily come into contact with content that could harm their development, especially through search results relating to...

IRIS 2020-9:1/23 [GB] ICO’s Age Appropriate Design Code comes into effect

On 2 September 2020, the Information Commissioner’s Office (ICO), the United Kingdom's independent body established to uphold information rights, formally issued its Age Appropriate Design Code of Practice which should be followed by online services to protect children’s privacy. The Age Appropriate Design Code of Practice is a statutory code required under section 123 of the Data Protection Act 2018 (DPA 2018) and aims to address the increasing “datafication” of children. The Code was first published on 12 August 2020 and, following completion of its parliamentary...

IRIS 2020-8:1/16 [IT] Parliament strengthens parental control and filtering in electronic communications

By way of Law No. 70 of 25 June 2020, the Italian Parliament has introduced a new provision, namely Article 7-bis, into Law Decree No. 28/2020. The Italian Government adopted the aforesaid decree (also known as the ‘Justice Decree’, ‘Decreto Giustizia’) with a view to providing urgent measures concerning, among others, civil, criminal and administrative proceedings as well as the national contact tracing system, both related to the COVID-19 emergency. The introduction of Article 7-bis, entitled ‘Systems for the protection of minors from the risks of cyberspace’,...