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IRIS 2015-5:1/11 [DE] KJM grants conditional approval to new youth protection programmes

Youth protection programmes, alongside technical precautions and watersheds, are a specific instrument that content providers can use to protect young people in accordance with the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the Protection of Young People in the Media - JMStV) when distributing Internet content that may harm the development of young people. The programmes enable parents to unblock internet content that is suitable for their children depending on their age, and to block unsuitable content. The Kommission für Jugendmedienschutz (Commission for the Protection of Young...

IRIS 2015-4:1/21 [NL] Dutch Media Authority Becomes Supervisor for Netflix in Europe

On 3 March 2015, the Commissariaat voor de Media (Dutch Media Authority - CvdM) published its decision of 3 February 2015 with regards to the application of Netflix as a commercial on-demand audiovisual media service. In this decision, the Dutch Media Authority accepted Netflix’s application. The result is that Netflix is, from now on, supervised by the Dutch Media Authority in Europe and should adhere to the Dutch Media Act (Mediawet 2008). On 1 January 2015, Netflix International B.V. changed its place of establishment, switching from Luxembourg to the Netherlands. On 9 January 1015, Netflix...

IRIS 2015-4:1/16 [LU] New Grand-Ducal Regulation on Protection of Minors in Audiovisual Media Services

The Government of Luxembourg adopted a Grand-ducal regulation on the protection of minors in audiovisual media services (Règlement grand-ducal relatif à la protection des mineurs dans les services des médias audiovisuels) on 8 January 2015. In 2013, the European Commission had initiated infringement procedures against Luxembourg for failure to implement Article 12 and 27 of the Audiovisual Media Services Directive (AVMSD). The regulation thus specifies the measures providers of audiovisual media services are required to take to ensure the protection of minors in accordance with said rules of the...

IRIS 2015-4:1/11 [GB] BBC Breaches Offensive Language Rules

Ofcom has a statutory duty pursuant to the Communications Act 2003 to set standards for broadcast content as appear to it best calculated to secure the standards objectives, one of which is that “persons under the age of eighteen are protected”. This is also reflected in Ofcom’s Broadcasting Code. As such, the early morning broadcast on BBC’s Radio 1’s breakfast show of a song that included in the lyrics the word “fuck” was in breach of the Code, as children were most likely to be listening at that time. BBC Radio 1’s show “Breakfast with Nick Grimshaw” played at about 7:55 a.m. a session recording...

IRIS 2015-4:1/6 [DE] KJM gives positive assessment of additional Internet age verification system

At its meeting on 28 January 2015, the Kommission für Jugendmedienschutz (Committee for the Protection of Young People in the Media - KJM) gave a positive assessment of the “[verify‐U] face‐to‐face” module, an additional age verification system devised by Cybits AG for closed user groups in telemedia. According to the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the Protection of Young People in the Media - JMStV), certain telemedia services that are harmful to minors may only be distributed within a closed user group. As a result, telemedia providers are required to ensure that access...