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IRIS 2019-8:1/7 OSCE: Legal analysis on draft proposals to regulate electronic publications in Albania

On 23 July 2019, the OSCE Representative on Freedom of the Media (RFoM) sent the Prime Minister of Albania, Edi Rama, a legal analysis that examines a series of proposed amendments to Law No. 97/2013 on Audiovisual Media in the Republic of Albania and to Law No. 9918 of 19 May 2008 on Electronic Communications in the Republic of Albania. This communication is part of a long process of consultation between the Office of the Representative and the government during the long – and still ongoing – drafting process of the legislation. Despite the fact that there have been important improvements compared...

IRIS 2019-7:1/21 [IT] AGCOM sets forth new guidelines defining the restrictions on gambling and betting advertisements

On 18 April 2019, through Resolution No. 132/19/CONS, the Italian Communications Authority (AGCOM) issued guidelines (Guidelines) to implement the provisions of Article 9 of the so-called Dignity Decree (“Decreto Dignità”, Decree Law No. 87/2018). The Guidelines aim at achieving a high degree of consumer protection, with particular emphasis on “vulnerable” categories (gambling addicts, minors and seniors) by ensuring the transparency of conditions and services offered in order to promote an educated gaming choice. Consumer protection is also ensured by using the recognisable logos of the Customs...

IRIS 2019-7:1/20 [GB] Age-appropriate design

Under section 123 of the Data Protection Act, the Information Commissioner must prepare a code of practice that contains such guidance as the Commissioner considers appropriate in respect of standards regarding the age-appropriate design of relevant “information society” services that are likely to be accessed by children. The Code must be presented to Parliament; thereafter, under section 127, it must be taken into account by the Commissioner when considering whether an online service has complied with its data-protection obligations. The Commissioner in drafting the code is required to consider...

IRIS 2019-7:1/11 [DE] KJM approves Sky’s “Family Feature” as technical system for protecting young people in the media

According to the German Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the protection of minors in the media - JMStV), some telemedia content that may be harmful to minors may only be transmitted if the provider ensures, through closed user groups, that it can only be accessed by adults. Content that may impair the development of children may be distributed if, for example, the provider ensures through a technical system that it cannot normally be accessed by children and young people in the relevant age groups. On 15 May 2019, the Kommission für Jugendmedienschutz (Commission for the...

IRIS 2019-7:1/10 [DE] KJM invalidates FSM’s assessment of “JusProg” youth protection system

On 15 May 2019, the Kommission für Jugendmedienschutz (Commission for the protection of minors in the media - KJM), which comprises 12 representatives of the highest federal and state authorities responsible for youth protection and directors of the Landesmedienanstalten (state media authorities), decided that the Freiwillige Selbstkontrolle Multimedia-Dienstleister e.V. (FSM) had exceeded its scope of discretionary power in its assessment of the suitability of “JusProg” as a youth protection system within the meaning of Article 11(1) of the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement...