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The Dutch Commissariaat voor de Media (Media Authority - CvdM) recently published a Regulation containing policy rules defining “commercial media on-demand services”, or video on-demand services, under the Dutch Media Act. Under the regulation, such video services must be registered as of 1 November 2011. The policy provides an elaboration of the criteria that determine whether a commercial media on-demand service is covered by the Dutch Media Act. The Act regulates matters such as the separation of commercial and editorial content, the protection of minors, advertising, product placement and sponsoring....

In order to clarify the interpretation of Regulation no. 220/11/CSP on parental control (hereinafter “the Regulation”), adopted on 22 July 2011 (see IRIS 2011-8/33), the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) published, on 1 August 2011, interpretative guidelines on the broadcasting of films rated as not suitable for minors under 14 and 18 years (“Chiarimenti interpretativi sulla normativa in materia di diffusione sui servizi di media audiovisivi di film vietati ai minori di anni 18 e 14”). Considering the existence of different interpretations of...

According to paragraph 6 of Article 10 of the new Media Act, which came into force on 1 January 2011, linear media service programmes that may seriously impair the physical, mental or moral development of minors, particularly because they involve pornography or extreme and/or unnecessary scenes of violence (Category VI programmes), may be published only if the media service holds the programme in an encrypted form and can only be accessed via a digit code available only to subscribers over the age of eighteen, or that uses another effective technical solution to prevent viewers or listeners under...

On 19 July 2011 a Recommendation on aspects necessary for the classification of programmes and on the displaying of symbols corresponding to the classification of programmes was issued by the Media Council of the National Media and Communications Authority (hereinafter referred to as “Media Council”). The Recommendation is aimed at ensuring the protection of minors from harmful media content. This Recommendation was issued after a public hearing held on 11 July 2011 with the participation of media service providers, distributors and lobby organizations of the Hungarian media market. The Recommendation...

Section One of the Ofcom Broadcasting Code deals with “Protecting the Under-Eighteens” and should be read in conjunction with Section Two (“Harm and Offence”). Guidance already exists to assist broadcasters to interpret the Code and, in this context, in particular, Rule 1.3. This reads, “Children must…be protected by appropriate scheduling from material that is unsuitable for them”. However, “a fundamental requirement underpinning these rules is the application of the watershed, which applies to television only”. The watershed runs between 21:00 - 05:30. Between those hours, one should expect a...