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On 1 April 2018, the new EU Regulation on the cross-border portability of online content service (2017/1128) (Portability Regulation), adopted in June 2017, became applicable in all EU member states (see IRIS 2017-7/5). The purpose of the Portability Regulation is to ensure a common approach in the EU to the cross-border portability of online content services by ensuring that subscribers to portable online content services that are lawfully provided in their member state of residence can access and use those services when temporarily present in another member state. Thus, Article 3 of the Regulation...

On 7 March 2018, the Committee of Ministers adopted a Recommendation on the roles and responsibilities of Internet intermediaries, and follows a draft Recommendation that was finalised by the Committee of experts on Internet intermediaries in 2017 (see IRIS 2018-1/5). The Recommendation begins with a Preamble, setting out the functions of Internet intermediaries, which are a wide, diverse and rapidly evolving range of players that facilitate interactions on the Internet between natural and legal persons by offering and performing a variety of functions and services. These services include connecting...

On 10 January 2018, Overijssel District Court ruled that Your Hosting, a Dutch internet service provider hosting the website www.gabme.org, was obliged to block access to the website and to provide the contact details of the website owner. The claimant initiated the case over a report circulating on the internet accusing him of fraud and money laundering. Consequently, the claimant had suffered damage as a result of a decrease in his business’s revenues. The report referred to the website www.gabme.org. GABME is a non-existant organisation for which no contact details were provided on the website....

On 28 December 2017, the President of the Republic of Kazakhstan signed into law amendments to the National Mass Media Law (see IRIS 2009-10/20) which had previously been adopted by parliament, as well as 21 other statutes. They relate to the issues of informational security, propaganda, the protection of privacy, foreign broadcasting, and access to information. In particular, a new article in the media law sets out “basic principles” of mass media activity. Two of the four principles prescribed are “objectivity” and “veracity” (Article 2-1). In addition, the same law (Article 2) now provides a...

The Reykjavik District Court on 2 February 2018 delivered a judgment in the case of Glitnir Holdco v. Reykjavik Media and Stundin (case nr. E-3434/2017) concerning an injunction issued by the Reykjavik District Commissioner in October 2017. The injunction prohibited media outlets from reporting on the financial dealings of the clients of an Icelandic bank, Glitnir Holdco, including Bjarni Benediktsson, former Prime Minister and current Financial Minister of Iceland. The editor of Stundin magazine was informed of the injunction when their offices received a visit from representatives of the District...