IRIS newsletter 2025-5
Publisher:
European Audiovisual Observatory
76, allée de la Robertsau
F-67000 STRASBOURG
Tel. : +33 (0) 3 90 21 60 00
E-mail: obs@obs.coe.int
www.obs.coe.int
Comments and Suggestions to: iris@obs.coe.int
Executive Director: Susanne Nikoltchev
Maja Cappello, Editor • Sophie Valais, Amélie Lacourt, Olivier Hermanns, Justine Radel, Deputy Editors (European Audiovisual Observatory)
Documentation/Press Contact: Alison Hindhaugh
Tel.: +33 (0)3 90 21 60 10
E-mail: alison.hindhaugh@coe.int
Proofreading of machine translations:
Aurélie Courtinat • Paul Green • Marco Polo Sarl • Nathalie Sturlèse • Erwin Rohwer • Sonja Schmidt • Ulrike Welsch
Proofreading of original texts:
Olivier Hermanns and Amélie Lacourt • Linda Byrne • David Windsor • Aurélie Courtinat • Barbara Grokenberger
Web Design:
Coordination: Cyril Chaboisseau, European Audiovisual Observatory
ISSN 2078-6158
© 2025 European Audiovisual Observatory, Strasbourg (France)
To promote inclusive language, we follow the guidelines of the Council of Europe.
Editorial
This month, the Croisette is abuzz with excitement, but outside of this glittery bubble, life goes on resolutely. Exhibitors showcase their movies, audiovisual media services broadcast programmes, regulatory authorities ensure the proper enforcement of rules, and legislators continue to shape the sector.
Across Europe, significant legislative milestones are being achieved. In Luxembourg, the DSA has been incorporated into national legislation, thereby entrusting the Competition Authority with the responsibility of ensuring that platforms function in a secure and transparent manner. The Netherlands has introduced a bill to implement the EU’s anti-SLAPP directive, and Spain is making progress with legislation to better protect minors online. Meanwhile, Armenia has launched a new cash reimbursement scheme, and Czechia has amended its law on radio and television licence fees.
With regard to enforcement, regulators are increasingly turning to the EU's suite of digital regulations. Recent examples of this include TikTok being fined by the Irish Data Protection Commission for transferring users’ data to China without adequate safeguards, and the European Commission finding that Apple and Meta are in breach of the Digital Markets Act.
But coming back to Cannes and while waiting for the announcement of the Palme d'Or winner, you are welcome to watch the conference organised by the Observatory at the Marché du Film last weekend, which offers a taste of the Cannes atmosphere.
Enjoy the read!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: Judgment underscores public interest in transparency in administration of criminal law
The European Court of Human Rights (Third Section) held unanimously in a judgment of 4 March 2025 that there had been a violation of Articles 10 and 13 of the European Convention on Human Rights (ECHR) in the case of Girginova v. Bulgaria. The case arose from the refusal of a journalist’s request to the Sofia City Court to access to its reasons for acquitting a former Minister of Internal Affairs in a criminal case against him. The former minister had been accused of failing to supervise the serious misuse of covert surveillance technology by his subordinates at the Ministry. The criminal...
CoE: European Court of Human Rights
European Court of Human Rights: New judgment finds systematic violations of freedom of expression and media freedom by Russia
The European Court of Human Rights (Third Section) has found, unanimously, numerous violations of the right to freedom of expression and media freedom in Novaya Gazeta and others v. Russia, a judgment of 11 February 2025. The scale of the violations reveals a structural or systemic character: the Court joined 161 other applications to that of the newspaper, Novaya Gazeta, as they all concerned similar subject matter. The violations took place on the back of new rules introduced immediately or shortly after the full-scale military invasion of Ukraine by Russia, which was framed by President Putin...
CoE: European Court of Human Rights
European Court of Human Rights: Verbal threats and concerted campaign of intimidation against journalists violate their freedom of expression and private life
In Milashina and others v. Russia, a unanimous judgment of 4 March 2025, the European Court of Human Rights (Third Section) found that a number of verbal threats against journalists reporting on Chechen affairs, in the form of statements by high-level political and religious figures, amounted to a concerted campaign of intimidation against the journalists. The statements included language that was “dehumanising”. The Court held that the applicants’ right to freedom of expression and to respect for private life had been violated, pursuant to Articles 10 and 8, respectively, of...
EUROPEAN UNION
EU: European Commission
European Commission fines Apple and Meta for not complying with the DMA
On 23 April 2025, the European Commission (the Commission) found Apple and Meta in breach of the Digital Markets Act (DMA). Apple was found to have breached its anti-steering obligation, and Meta the obligation to give consumers the choice of a service that uses less of their personal data – both obligations under the DMA. Apple and Meta were fined EUR 500 million and EUR 200 million respectively. The Commission found that Apple did not comply with its obligation to allow app developers distributing their apps via its App Store to inform customers, free of charge, of alternative offers...
NATIONAL
Armenia
[AM] Approval of new cash rebate system
The Armenian Government has approved the procedure and conditions for receiving cash rebates for investments in the film production sector, which envisages a return to the filmmaker of up to 35% of the investments made for that purpose. Resident and non-resident film-makers of the Republic of Armenia whose activities are classified under codes J59.11 or J59.12 of the Economic Activity Types Classification approved by Decision No. 874-N of 19 September 2013 of the Minister of Economy of the Republic of Armenia, may receive a partial refund of monetary investments made for the purpose of...
Czechia
[CZ] Amendment to the Act on Radio and Television Fees
Parliament has approved amendments to the Act on Radio and Television Fees, which came into force on 1 may 2025. The main points of the amendment are the following: Article 6 states that the monthly amount of the radio fee is CZK 55 and the monthly amount of the television fee is CZK 150. The same article further sets out that the monthly amount of the radio and television fees shall be increased by 6% from 1 July of the calendar year following the calendar year in which the total amount of inflation accumulated in the years since the last fee increase exceeds 6%. The amount of the radio...
Germany
[DE] Commission for the Protection of Minors in the Media confirms that Sky Stream, WOW and O2 TV youth protection programmes meet legal requirements
At the end of March 2025, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) reviewed the youth protection programmes of the audiovisual streaming providers Sky Stream, WOW and O2 TV. Under the provisions of the German Jugendmedienschutzstaatsvertrag (state treaty on the protection of minors in the media – JMStV), it saw no reason to raise any serious objections and concluded that the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter (voluntary self-monitoring body for multimedia service providers – FSM) had not exceeded...
[DE] Media and digital policy in the planned coalition agreement between the CDU, CSU and SPD for the next federal government
At the beginning of April, the CDU, CSU and SPD parties signed a coalition agreement that will form the basis of their government in the forthcoming 21st legislative period of the German Bundestag. The coalition partners of the new federal government believe that independent and diverse media ensure free public debate. Within the dual media system, they favour both pluralistic public service broadcasting and fair regulatory and refinancing conditions for private media. They are reluctant to impose additional advertising restrictions and are examining the introduction of a levy for online platforms...
[DE] TV documentary on politician Uwe Barschel’s death: those accused in suspicion-based reporting must be invited to comment
On 20 March 2025, the Oberlandesgericht Frankfurt am Main (Frankfurt am Main Higher Regional Court – OLG) ruled in summary proceedings (case no. 16 U 42/24) that suspicion-based reporting is inadmissible unless the person accused of a criminal offence is given an opportunity to comment on the basis and context of the intended report. Suspicion-based reporting is a form of journalistic reporting in which a possible criminal offence is reported on and the name of the alleged offender is mentioned. Although the scope and limitations of such reporting are not clearly defined, the courts have...
Spain
[ES] Bill on the protection of minors in digital environments
On 25 March 2025, the Spanish government formally transmitted the bill on the protection of minors in digital environments to the Cortes Generales (Congress of Deputies and the Senate). This text, the main elements of which had already been announced when the preliminary draft was presented by the Council of Ministers in June 2024, marks a decisive development in the regulation of the digital space with regard to children and teenagers. The bill forms part of an ambitious legislative initiative aimed at providing a legal framework for the use of digital services by minors, while guaranteeing...
France
[FR] ARCOM issues formal notice to two websites accessible to minors for failing to take age verification measures
On 6 March this year, the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) sent letters of observation to the providers of five services that allowed minors to access pornographic content without age verification. As stipulated in Article 10-1 of the Loi pour la confiance en l’économie numérique (Law on confidence in the digital economy), as amended by the Loi visant à sécuriser et réguler l'espace numérique (Law aiming to secure and regulate the digital space...
[FR] Arcom gives Eutelsat formal notice to stop broadcasting two Russian channels
In a decision dated 19 March 2025, the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) served formal notice on Eutelsat to stop broadcasting two Russian channels, STS and Kanal 5. These channels are among the 28 Russian media undertakings controlled by the Russian company JSC National Media Group, which has seen its financial resources frozen pursuant to Article 2 of the EU Council Regulation of 17 March 2014, resulting in a ban on transmission of these channels. In so doing, ARCOM is, for the first time, implementing...
[FR] Compatibility with European law of ARCOM measures to block a pornographic website
In accordance with the procedure provided for in section V of Article 10-1 of the Law of 21 June 2004 instituted by the Law of 21 May 2024, an internet service provider sought the annulment of a decision of 6 March 2025, in which the ARCOM president, pursuant to section III of Article 10-1, had notified it of a web address to which it had been ordered to block access within 48 hours for a period of two years, and asked it to redirect users wishing to access it to an ARCOM information page. In the alternative, the company asked the court to stay the proceedings and to refer eight questions to the...
United Kingdom
[GB] High Court overturns Ofcom’s decisions on breach of due impartiality rules
In R (GB News Ltd) v. Ofcom [2025] EWHC 460 (Admin), High Court judge Collins Rice allowed GB News judicial review by quashing two decisions reached by Ofcom that had assessed the broadcaster to have breached Rules 5.1 and 5.3 of the Broadcasting Code. GB News is a UK free-to-air TV and radio news channel. One of GB News' distinct characteristics is that it hires prominent politicians to host current affairs programmes including former Conservative government minister, now Sir Jacob Rees-Mogg (Rees-Mogg). Previously, Ofcom had assessed two broadcasts of Jacob Rees-Mogg’s...
Greece
[GR] Decision No. 5/2025 of the National Council of Radio and Television (NCRT) on the protection of personality rights of a public figure
The wiretapping scandal, also known as “Predatorgate”, or the “Greek Watergate”, concerns the surveillance of Greek journalists, politicians, military personnel, businessmen, judicial and state officials, etc. by the National Intelligence Service (NIS) or by means of the spy software Predator, from 2020 onwards. In the meantime, from 2019, the NIS was under the direct supervision and responsibility of the nephew and general secretary of the Greek Prime Minister, who is also the complainant in the recent National Council for Radio and Television (NCRT) decision, mentioned...
Ireland
[IE] TikTok sanctioned by Irish Data Protection Commission
On 2 May 2025, the Irish Data Protection Commission released a decision finding that TikTok infringed the General Data Protection Regulation (GDPR) in relation to the transfer of personal data of its users in the European Economic Area (EEA) to China. The Irish Data Protection Commission concluded that the transfers violated the GDPR’s requirements for cross-border data transfers and its transparency obligation. Personal data may be transferred to countries outside the EEA if those countries ensure an adequate level of data protection, either through a European Commission “adequacy...
Italy
[IT] AGCOM Approves Age Verification Regulation for Online Platforms
AGCOM, the Italian Communications Authority and Digital Services Coordinator, has officially approved the regulation on age verification for access to online platforms providing adult content. The measure aims to ensure minors are effectively protected from the dangers of the internet. The new regulation, annexed to Resolution No. 96/25/CONS, sets out the compulsory procedures for video-sharing platforms and websites offering adult content in Italy to verify users’ age (so-called age assurance or age verification). This initiative enforces Article 13-bis of Legislative Decree No. 123 of...
[IT] AGCOM grants trusted flagger status to an organization specialised in the protection of minors
The pool of entities recognised as trusted flaggers under Article 22 of the Digital Services Act (DSA) continues to expand. These entities are designated to support online platforms in identifying and countering the dissemination of illegal content, by virtue of their specific expertise and capabilities. In its capacity as the Digital Services Coordinator for Italy, AGCOM (the Italian Communications Authority) officially granted trusted flagger status on 8 April to the S.O.S Il Telefono Azzurro Foundation ETS (Telefono Azzurro Foundation), with particular reference to the 0–18 age group....
Luxembourg
[LU] Entry into force of law implementing DSA
The Digital Services Act (DSA), which aims at regulating digital services and combating illegal content online, has been fully applicable across Europe since 17 February 2024. In Luxembourg, Bill No. 8309 on the implementation of the DSA was adopted by the Chamber of Deputies (Chambre des Députés) on 2 April 2025, and the law entered into force on 11 April 2025. According to Article 2 of the law, the Luxembourg Competition Authority was officially designated as the competent authority for the application of the DSA, thereby assuming the role of Digital Services Coordinator (DSC)....
Netherlands
[NL] Bill implementing the EU Anti-SLAPP Directive submitted to parliament
On 15 April 2025, the Dutch Secretary of State for Legal Protection (Staatssecretaris Rechtsbescherming) submitted an important bill to the House of Representatives (Tweede Kamer), seeking to implement the 2024 EU Directive on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (strategic lawsuits against public participation – SLAPPs), known as the Anti-SLAPP Directive (see IRIS 2024-3/5 and IRIS 2022-5/6). The purpose of the directive is to provide safeguards against SLAPPs, which are manifestly unfounded claims or abusive...
[NL] Court refuses to order injunction over broadcaster’s news programme
On 17 April 2025, the Rechtbank Amsterdam (District Court of Amsterdam) delivered a significant ruling on broadcast journalism reporting on serious allegations against commercial companies. Notably, the Court refused to order a “publication ban” against a well-known Dutch news programme reporting on serious fraud allegations against an employment agency, holding that such a journalistic programme must enjoy wide freedom of expression to address matters of public interest, even where the allegations would have very damaging consequences for the commercial company. The...
Portugal
[PT] New rules for more transparency in branded content
The Portuguese media regulatory authority (ERC) is calling for the clear identification of branded and sponsored content published in journalistic outlets. In a recent directive, the regulator recommended that news producers ensure that journalistic content is presented to audiences in a way that is clearly distinct from advertising/commercial content. This comes after the media regulator has issued, in recent years, several decisions condemning newspapers and other outlets for allowing confusion between these two types of content. According to the ERC, designations such as “partnerships”,...
