IRIS newsletter 2026-4
Publisher:
European Audiovisual Observatory
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Executive Director: Pauline Durand-Vialle
Maja Cappello, Editor • Amélie Lacourt, Justine Radel, Sophie Valais, Diego de la Vega, 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 original texts and machine translations:
Linda Byrne • Aurélie Courtinat • Paul Green • Barbara Grokenberger • Catherine Koleda • Udo Lücke • Marco Polo Sarl • Erwin Rohwer • Sonja Schmidt • Nathalie Sturlèse • Ulrike Welsch • David Windsor
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ISSN 2078-6158
© 2025 European Audiovisual Observatory, Strasbourg (France)
To promote inclusive language, we follow the guidelines of the Council of Europe.
Editorial
As you surely know, two US Court decisions have made the headlines by declaring major online platforms, Meta and Alphabet liable for the “addictive” design of their services.
In Europe, the protection of minors has long been a priority and remains a key concern, especially with the continued growth of social media, online platforms and VLOPs. In France, the AI and Digital Council (Conseil de l’IA et du numérique) has published recommendations to go further than age verification, in the context of ongoing discussions on the law protecting minors from the risks posed by social media use. At the European level, the Commission has reached preliminary findings that PornHub, Stripchat, XNXX and XVideos are not complying with their obligation to protect minors.
Talking about the public “addiction” to social media, influencers are one of their main beneficiaries and play a growing role in shaping consumer behaviour, which has prompted Poland to publish guidelines for their commercial activities. Also, the Spanish media regulator (Comisión Nacional de los Mercados y la Competencia - the CNMC) has sanctioned an audiovisual media service provider for making available a programme containing disguised advertising for a food brand, thereby clarifying the requirements for branded content in on-demand audiovisual services.
Having rules is a good thing, but ensuring that such principles are protected and implemented impartially requires media regulators that are independent. The Media Board has raised this issue in its Statement on developments concerning the Slovak regulator following the dismissal of its Chief Executive. For further insights, I invite you to consult our new Mapping Report on the Independence of Media Regulatory Authorities.
I warmly invite you to delve into this Newsletter and to join us for our Newsletter webinar on 29 April from 10:00 to 11:15, in which we will celebrate the publication of 10 000 articles since we started the IRIS Newsletter in 1995!
Enjoy the read!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: Morawiec v. Poland
On 5 February 2026, the European Court of Human Rights (ECtHR) found that Poland violated Articles 6(1), 8 and 10 of the European Convention on Human Rights (ECHR) by lifting the immunity of Beata Morawiec, a judge at the Krakow Regional Court, and suspending her from office. At the heart of the case was a decision taken by the Polish Disciplinary Chamber of the Supreme Court (DCSC) against the applicant, who had been a vocal critic of the reorganisation of the Polish judiciary. Background of the case The applicant served as the President of the Judges’ Association, Themis, an organisation...
EUROPEAN UNION
EU: Court of Justice of the European Union
Advocate General opinion in case of Sky Österreich Fernsehen GmbH v. Verein für Konsumenteninformation
On 26 February, Advocate General Szpunar delivered an opinion in the case of Sky Österreich Fernsehen GmbH v. Verein für Konsumenteninformation, analysing the concepts of “digital content” and “digital service”. Sky Österreich Fernsehen GmbH (Sky), a private television company established in Austria, offers subscription-based streaming services, the content of which is accessible via a link or an app. Customers can watch programmes live, on demand, or download them for offline viewing once within 48 hours. When subscribing, users must consent, by clicking,...
EU: European Commission
European Commission finds that Pornhub, Stripchat, XNXX and XVideos are not complying with their obligation to protect minors
On 26 March 2026, in its preliminary findings, the European Commission found that Pornhub, Stripchat, XNXX and XVideos had not complied with the Digital Services Act (DSA) for two main reasons. These preliminary findings are part of formal proceedings launched against the four platforms on 27 May 2025. Firstly, the Commission noted that the four platforms had not carried out a sufficiently thorough assessment of the risks that their services posed to minors accessing them. It argued, for example, that the platforms attached more importance to commercial concerns than to the societal risks to...
EU: European Commission
Media Board statement on developments concerning the Slovak Council for Media Services
The European Board for Media Services (the Media Board) was created under the European Media Freedom Act, replacing the European Regulators Group for Audiovisual Media Services (ERGA), initially established under the Audiovisual Media Services Directive (AVMSD). The Media Board enhances cooperation by bringing together national media regulatory authorities. Together, they support and advise the European Commission to ensure the effective application of media law at EU level and strengthen founding principles, including media freedom, pluralism, transparency and better cooperation. Following...
NATIONAL
Belgium
[BE] Netflix's challenge to the new system of contributions to audiovisual production in French-speaking Belgium: partial rejection of pleas by the Constitutional Court and reference to the CJEU for a preliminary ruling
On 26 March 2026, the Belgian Constitutional Court handed down ruling no. 36/2026 on the action for annulment brought by the Dutch company Netflix International BV (Netflix) against the new system of contributions to audiovisual production in French-speaking Belgium. This contribution is made either in the form of investment in co-production, pre-purchasing of audiovisual works or commissioning of programmes, or in the form of a payment to the Film and Audiovisual Centre of the French-speaking Community of Belgium (Centre du Cinéma et de l'Audiovisuel de la Communauté française...
Switzerland
[CH] Popular initiative to halve SRG funding clearly rejected
The eagerly awaited referendum on the future financing of the Swiss Broadcasting Corporation (SRG) ended with a clear result: Swiss voters rejected the federal popular initiative "200 francs is enough! (SRG initiative)" in March with almost 62% of votes against. The "halving initiative", which was submitted in the summer of 2023, called for the radio and television licence fee for households to be reduced from the current CHF 335 to CHF 200 and for businesses to be exempted from the fee altogether. In 2018, the Swiss electorate rejected the popular initiative "Say yes...
Germany
[DE] Cologne Higher Regional Court confirms ban on integration of ARD media library into private offerings
In its judgment of 27 February 2026, the Cologne Higher Regional Court (Oberlandesgericht Köln – OLG Köln) (Case No. 6 U 75/25), ruled that a private streaming provider may not integrate the media library of the state broadcasters that make up the German Association of Public Service Broadcasters (Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland – ARD) into its offering without permission. Since at least 31 January 2025, the defendant's streaming platform had included, among other things, a visually...
[DE] KEF recommends significantly lower licence fee increase
In its 25th report, which was presented and submitted to the Chairman of the Broadcasting Commission (Rundfunkkommission) of the federal states on 20 February 2026, the Commission for Determining the Financial Requirements of Broadcasters (Kommission zur Ermittlung des Finanzbedarfs der Rundfunkanstalten – KEF) recommended only a small increase in the German public broadcasting licence fee from the current EUR 18.36 to EUR 18.64 per month. The licence fee is determined in accordance with the Interstate Broadcasting Financing Treaty (Rundfunkfinanzierungsstaatsvertrag...
[DE] Kingdom of Morocco denied injunctive relief against German media companies due to Pegasus reporting
In response to an appeal by the Kingdom of Morocco against various German media companies, the Federal Court of Justice (Bundesgerichtshof – BGH) ruled on 24 February 2026 (Case Nos. VI ZR 415/23 and VI ZR 416/23) that a foreign state was not entitled to legal recourse against domestic media in relation to freedom of expression and thus confirmed the decisions of Hamburg's lower courts. The Kingdom of Morocco had filed a lawsuit against the operators of the ZEIT ONLINE news portal and the publisher of the Süddeutsche Zeitung daily newspaper, including its online portal, seeking...
Denmark
[DK] Radio and Television Board approves new digital public service offering
On 26 March 2026, the Radio and Television Board, the Danish media regulatory authority, approved a proposal for the Danish Broadcasting Corporation (DR) to develop a new weather app in collaboration with the Danish Meteorological Institute (DMI). The approval followed a so-called value test, which is required whenever the DR wishes to launch new digital public service offerings. The planned app will bring together: - the DMI’s meteorological data and weather forecasts, - severe weather warnings, and - the DR’s journalistic content on weather and climate. The idea...
Spain
[ES] The CNMC clarifies identification requirements for branded content in on‑demand audiovisual programmes
On 12 February 2026, the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia – CNMC) adopted a decision concerning the identification of commercial communications in on‑demand audiovisual services. The regulator imposed a sanction on a national audiovisual media service provider for making available a programme containing disguised advertising, in breach of Article 122.3 of the General Audiovisual Communication Act (Ley General de Comunicación Audiovisual – LGCA). The case concerned a non‑linear audiovisual programme...
France
[FR] CNews given formal notice over editorial treatment of book on Crépol tragedy
Arcom received a referral in connection with the CNews broadcast in March 2025 of around twenty sequences devoted to the book Une nuit en France, relating to the tragedy that took place in Crépol in November 2023, during which a teenager was killed at a party. A judicial investigation is still underway into the homicide and attempted homicide by an organised gang. Some politicians and the media put forward the hypothesis of an anti-white racist crime, an interpretation criticised in the book, which led to the contentious sequences in which the book was described as a "rewrite"...
[FR] Protection of minors online: AI and Digital Council recommendations to go further than age control
At a time when the draft law aimed at protecting minors from the risks associated with using social networks is soon due to be examined by the joint committee, a note from the AI and Digital Council (Conseil de l'IA et du numérique - CIANum), published on 30 March, looks more specifically at the age control system that has been the subject of debate in parliament. It looks at the many risks to which minors are exposed on social networks, as well as current/planned regulations and their limitations. In this respect, the Council notes an international movement to regulate digital services...
[FR] Rejection of request for an injunction against Arcom for failure of CNews and Europe 1 to respect pluralism
A number of academics, radio listeners and TV viewers, as well as candidates in the municipal elections, asked the interim relief judge of the Council of State (Conseil d'État) to order the French audiovisual regulator (Autorité de Régulation de la Communication Audiovisuelle et Numérique – Arcom) to use its powers of investigation and sanction against the services CNews and Europe 1 for failure to comply with its decision no. 2024-15 of 17 July 2024 concerning respect for the principle of pluralism of schools of thought and opinion. They argued that Arcom's...
United Kingdom
[GB] Ofcom fines online discussion platform 4chan for breach of the Online Safety Act
On 19 March 2026, Ofcom determined that the online discussion platform 4chan had failed to comply with section 12 of the Online Safety Act 2023 (the Act) by not using effective age assurance systems to prevent children from encountering pornographic content. In addition to the penalty imposed, if matters were not corrected by 1 April 2026, a daily penalty of GBP 500 would be imposed, for a maximum of 60 days, starting from the day after the compliance deadline. In addition, Ofcom determined that 4chan had failed, and continued to fail, to comply with its duty under section 9(2) of the Act to...
Italy
[IT] AGCOM issues FAQs on influencer regulation to enhance transparency and user protection
The Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) has published a new set of Frequently Asked Questions (FAQs) aimed at strengthening the effectiveness of the Guidelines and Code of Conduct for influencers adopted by Resolution No. 197/25/CONS. The document focuses in particular on three key areas: transparency of commercial communications, protection of minors, and user protection (see IRIS 2025-8:1/22, 2025-1:1/18 and 2024-2:1/26). Although not legally binding, the FAQs constitute an important interpretative tool, providing practical guidance...
[IT] Protection of minors and age verification: AGCOM issues the first orders to block pornographic websites
In Italy, the strengthening of online child protection through effective age verification tools has now become a reality. The Italian Communications Authority (AGCOM) has adopted its first two measures, ordering providers of mere conduit services to block access from Italy to the pornographic websites www.giochipremium.com and www.entai-ita.net, operated by the Italian company Onlab S.R.L.S. These measures represent the first concrete implementation of Article 13-bis of Decree-Law No. 123 of 15 September 2023 (the so-called "Caivano Decree"), which requires websites and video-sharing...
Latvia
[LV] Supreme Court confirms broad powers of media regulator to restrict retransmission of Gazprom-Media channels
On 27 March 2026, the Senate of the Supreme Court of Latvia (Augstākās tiesas Senāta Administratīvo lietu), in case SKA-98/2026 (A420178222), ruled that the National Electronic Mass Media Council (Nacionālā elektronisko plašsaziņas līdzekļu padome – NEPLP) possesses broad powers and considerable freedom of action to restrict television channels whose ownership chains connect to sanctioned entities, even where the governing statute at the material time did not provide an explicit authorisation covering the specific circumstances. The underlying NEPLP decision No. 126/1-2 of 7 March...
Moldova
[MD] New legal protections for journalists in the Republic of Moldova come into force
Since 14 February, journalists in the Republic of Moldova have benefitted from a strengthened legal framework aimed at protecting them from intimidation, violence, pressure and interference in the exercise of their professional duties. Amendments to the Criminal Code and the Contravention Code, adopted through Law No. 252/2025, have introduced new sanctions and clarified liability for acts directed against journalists and media institutions. The amendments have introduced a revised version of Article 180¹ of the Criminal Code, which explicitly criminalises the intentional...
Poland
[PL] The National Broadcasting Council publishes a new guide for influencers
On 26 February 2026, the Polish the National Broadcasting Council (Krajowa Rada Radiofonii i Telewizji – KRRiT) held a conference entitled “Influencers 2026 – responsibility in the light of Internet coverage”. The subject discussed was the liability of nearly 800 000 digital content creators operating in Poland, who are significant participants in the media market. The first thematic panel featured experts in the Internet industry, creators and organisations dealing with fact-checking and media education. The second part of the conference concerned regulatory challenges...
Russian Federation
[RU] Ministry of Culture publishes procedure for complaint-based content checks under Federal Law 324-FZ
On 9 February 2026, the Ministry of Culture of the Russian Federation published Order No. 2503 of 29 December 2025 (Ministry of Justice registration No. 85277), establishing the procedure by which the ministry issues conclusions on films lacking a distribution certificate (prokatnoe udostoverenie) but suspected of containing material discrediting traditional Russian spiritual-moral values. The order implements Federal Law No. 324-FZ of 31 July 2025, which was the subject of a previous IRIS contribution (IRIS 2026-3:1/4). It came into force on 1 March 2026 and remains effective until 1 September...
Ukraine
[UA]: Regulator expands the list of prohibited audiovisual service providers
On 26 March the National Council on Television and Radio Broadcasting (NCTRB), the independent media regulator in Ukraine, adopted the decision to expand the List of audiovisual media services on demand and audiovisual services of service providers of the Russian Federation, a state considered by the Ukrainian Parliament to be an aggressor state. The List has been compiled by the media regulator since 2023, in line with Articles 90 and 123 of the statute On the Media, which entered into force the same year. These articles establish the oversight and control powers of the NCTRB and the defining...
