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On 15 December 2021, the new Online Gambling Advertising Code 2021 (Reclamecode voor Online Kansspelen) was published by the Dutch Advertising Code Foundation (Stichting Reclame Code) (SCC), which is the self-regulatory body for advertising, including broadcast advertising, in the Netherlands. The Code builds upon the new rules contained in the recently-enacted Online Gambling Act 2021, which introduced new provisions on online gambling advertising, and included amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Importantly, the new Code has a number of notable provisions applicable...

Decree no. 2021-1306 of 7 October 2021 sets out the conditions for the application of the intervention measure devolved to the French audiovisual regulator (CSA, now known as ARCOM) under Article 23 of the Law of 30 July 2020 with regard to providers of online public communication services that allow minors to access pornographic content in violation of Article 227-24 of the Penal Code. Incorporated in the Law on Domestic Violence, this provision aims to protect minors from exposure to pornographic content. Therefore, if a provider of an online public communication service is found to be allowing...

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...

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...

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...