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On 26 January 2022, the European Commission published an important proposal for a European Declaration on Digital Rights and Principles, designed to ensure that the rights and freedoms enshrined in the EU legal framework, and the European values expressed by the principles, are respected in the online environment. Importantly, the Declaration will take the form of a joint solemn declaration, to be signed by the European Parliament, the Council, and the Commission. The Commission has now invited the Parliament and Council to discuss the draft Declaration, and “endorse it at the highest level”...

On 2 March 2022, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM), the German state media authorities’ central supervisory body for the protection of minors in private broadcasting and telemedia, issued a blocking order against the xHamster pornography portal on account of breaches of the Jugendmedienschutzstaatsvertrag (Interstate Treaty on the Protection of Minors in the Media – JMStV). As a result, the five largest German Internet providers were the first to be required to block access to the website “de.xhamster.com”...

In a referendum with a 44.23% turnout held on 13 February 2022, the Swiss population approved the popular initiative “Yes to protecting children and young people from tobacco advertising (No tobacco ads for children and young people)” with a 56.61% majority. The initiative makes direct provision for an amendment of the Federal Constitution of the Swiss Confederation. In Chapter 3 (Social Objectives) of the Constitution, Article 41(1)(g) will stipulate that the Confederation and the cantons shall, “as a complement to personal responsibility and private initiative”, no...

Following the television broadcast of an advertisement for “Nana” sanitary products in September and October 2019, the Pornostop organisation, whose primary goal is to prevent minors being exposed to pornography, asked the Conseil supérieur de l'audiovisuel (the French audiovisual regulator – CSA) to issue a formal notice to the television companies concerned, demanding that they respect their obligations to protect children. After the CSA rejected its request, Pornostop requested the annulment of the CSA’s initial decision and its subsequent rejection of...

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...