IRIS newsletter 2024-4
Publisher:
European Audiovisual Observatory
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Executive Director: Susanne Nikoltchev
Maja Cappello, Editor • Sophie Valais, Amélie Lacourt, 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
Translations:
Sabine Bouajaja, European Audiovisual Observatory (co-ordination) • Paul Green • Marco Polo Sarl • Nathalie Sturlèse • Brigitte Auel • Erwin Rohwer • Sonja Schmidt • Ulrike Welsch
Corrections:
Sabine Bouajaja, European Audiovisual Observatory (co-ordination) • Sophie Valais and Amélie Lacourt • Linda Byrne • Glenn Ford • David Windsor • Aurélie Courtinat • Barbara Grokenberger
Web Design:
Coordination: Cyril Chaboisseau, European Audiovisual Observatory
ISSN 2078-6158
© 2024 European Audiovisual Observatory, Strasbourg (France)
Editorial
We are only four months into 2024 and legislators and media watchdogs already have their hands full. Across the Atlantic, the presidential election season has provided fertile ground for verbal confrontation and the spread of disinformation. Lately, the US Bureau of Cyberspace and Digital Policy developed a democratic roadmap to build civic resilience to the global digital information manipulation challenge.
On our side of the pond, the European Commission published Guidelines for providers of VLOPs and VLOSEs on the mitigation of systemic risks for electoral processes, and the French media regulator adopted a recommendation ahead of the upcoming European elections. As Germany recently came across a deepfake video featuring the Federal Chancellor, all this also reminds us that soft scepticism and hard skills are key to assessing the veracity of images and videos.
Video-sharing platforms have also been in the spotlight recently, with the Munich District Court ruling on TikTok's liability for users uploading copyrighted films to the platform and Italy handing its first sanction to X for prohibited online gambling advertising. The last few weeks have also been turbulent for Telegram, which faced a temporary suspension in Spain after being sued for allegedly enabling piracy.
This edition of the newsletter also covers legal and regulatory developments in Belgium, Cyprus, Italy, the Netherlands, the United Kingdom and Ukraine.
Enjoy the read!
Maja Cappello, Editor
European Audiovisual Observatory
International
COUNCIL OF EUROPE
Republic of Türkiye
European Court of Human Rights: Dede v. Türkiye
In a judgment of 20 February 2024 the European Court of Human Rights (ECtHR) once more found a violation by Türkiye of a citizen’s right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). This time the reason was not because of criticising the government’s policy or the alleged support of or incitement to terrorism. The applicant in Dede v. Türkiye was dismissed from his job because he had criticised in a professional email the management style and practices of the chairman (H.K.) of the board of directors of Takasbank’s...
EUROPEAN UNION
EU: European Commission
European Commission initiates procedures under the DSA
The Digital Services Act (DSA), enacted in October 2022, regulates intermediary services, particularly focusing on very large online platforms (VLOPs) and very large online search engines (VLOSEs). Following its implementation, the European Commission (EC) designated key VLOPs and VLOSEs in April 2023, including Bing, Google Search, LinkedIn, Meta, Snapchat, TikTok, YouTube, and X. One of the EC's powers under the DSA is the authority to request for information (RFI) from VLOPs and VLOSEs to assess their compliance with the Regulation's obligations. Article 67 of the DSA outlines this...
EU: European Commission
Guidelines for providers of VLOPs and VLOSEs on the mitigation of systemic risks for electoral processes
On 26 March 2024, the European Commission published guidelines for Very Large Online Platforms and Search Engines (VLOPs and VLOSEs) to mitigate systemic risks online that may impact the integrity of elections. These guidelines come in the specific context of the 2024 European Parliament elections and provide clarification on the obligation for these services to carry out risk assessments and to implement risk mitigation measures, as provided for in Articles 34(1)(c) and 35 of the Digital Services Act (DSA) respectively. The public consultation launched by the Commission in February 2024 received...
NATIONAL
Belgium
[BE] Investment obligation for streaming and video-sharing platforms
At the end of February, the Flemish Parliament approved a proposal for a decree by Flemish Minister of Media Benjamin Dalle. This decree aims to revise Flemish regulations on radio broadcasting and television, to strengthen and reinforce the Flemish audiovisual sector. It achieves this goal by requiring financial contributions from streaming and video-sharing platforms to produce Flemish audiovisual content. A key focus is updating and aligning the existing investment obligations applicable to service distributors and private broadcasters offering non-linear television services. Moreover, the decree...
Cyprus
[CY] Designation of Digital Service Coordinator in the Republic of Cyprus
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (the Digital Services Act – DSA), a landmark piece of legislation and a new world-leading regulatory framework, entered into force on 16 November 2022. Within the context of the DSA and in order to ensure efficient enforcement of the same, each member state had to designate a Digital Services Coordinator (DSC) – a national authority, independent of government that is in charge of all matters relating to the application and...
Germany
[DE] Berlin District Court grants injunction against distribution of deepfake video of Chancellor Olaf Scholz
On 13 February 2024, the Landgericht Berlin II (Berlin District Court II) granted a federal government application for injunctive relief against the publication of an AI-generated video in which Federal Chancellor Olaf Scholz appeared to discuss measures to ban the Alternative für Deutschland (Alternative for Germany – AfD) political party. The case concerned two essentially identical videos produced by the same organisation but distributed via different social networks. In the AI-generated videos, Olaf Scholz talks about the possible banning of the AfD and urges German citizens to...
[DE] Federal Government Commissioner for Cultural and Media Affairs presents German film support reform bill
On 12 February 2024, the Federal Government Commissioner for Cultural and Media Affairs (BKM), Claudia Roth, presented a bill on measures to support the German film industry (FFG-E). The bill is designed to reform the German film support system by making it more efficient and transparent while reducing the related administrative burden. The first of the bill’s six sections deals with the structure and organisation of the Filmförderungsanstalt (Federal Film Board – FFA). According to Article 1(1), the FFA, a federal institution established under public law, is a national body...
[DE] Munich Appeal Court rules on IPTV retransmission rights for TV programmes
On 2 February 2024, the Oberlandesgericht München (Munich Appeal Court) upheld RTL Deutschland’s claim that DVB-C cable retransmission rights for free TV programmes can be licensed separately from IPTV or OTT distribution rights. RTL Deutschland licensed its DVB-C cable retransmission rights separately from IPTV or OTT distribution rights. According to an RTL press release issued on 21 February 2024, NetCologne, a regional telecommunications service provider and cable network operator in the Cologne/Bonn region, had claimed that this practice was unlawful. In a legal dispute dating...
[DE] Munich District Court rules on TikTok’s duty to negotiate licences seriously
On 9 February 2024, the Landgericht München I (Munich District Court I) decided that the digital platform TikTok had failed to take its legal obligation to negotiate copyright licences seriously. As a result, TikTok can be held liable if users upload copyright-protected films to its platform in contravention of copyright law. Users had uploaded copyright-protected content onto the TikTok platform without holding the necessary exploitation rights, which are managed by the company Nikita Ventures. Nikita Ventures had reported this to TikTok and offered to license the content in return for...
Spain
[ES] Telegram's future in Spain in doubt after lawsuit filed by dominant Spanish audiovisual groups
In a decision dated 22 March 2024, the judge of the Spanish National Court, Santiago Pedraz, ordered the blocking of Telegram in Spain. This decision followed a lawsuit filed a few months previously by various dominant Spanish audiovisual groups, such as Atresmedia, Mediaset and Movistar Plus. The latter claim that the instant messaging service hosts and enables the distribution of pirated audiovisual content via the platform. The decision was made after Telegram failed to respond to several requests for information from the judge. In the order, the judge argued that it was a necessary, appropriate...
France
[FR] ARCOM issues European election recommendations
On 6 March 2024, the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) adopted a recommendation concerning the European elections taking place on 9 June this year, supplementing its decision of 4 January 2011 on the principle of political pluralism on radio and television during election periods. The recommendation applies to all radio and television services except Arte and the parliamentary channels, whatever their mode of transmission and electronic communication process, from Monday 29 April 2024 until...
[FR] Access to pornographic websites for minors: Conseil d’Etat submits three preliminary questions to CJEU
Two Czech-based pornographic website publishers asked the Conseil d’État (Council of State) to annul Decree No. 2021-1306 of 7 October 2021 on methods for implementing measures to prevent minors accessing sites with pornographic content, particularly the provision that gives the president of ARCOM (the French audiovisual regulator) the power to implement the procedure provided for in Article 23 of the Law of 30 July 2020, i.e. to issue a formal notice ordering publishers to take all possible steps to prevent minors accessing pornographic content within 15 days. Firstly, the Conseil...
[FR] C8 ordered to respect human dignity and control its programmes
During the programme Touche pas à mon poste broadcast on C8 on 5 February 2024, a female studio guest spoke about a rape that she said she had suffered. Clearly vulnerable, she was questioned for around 20 minutes about a highly traumatic episode in her life. Even when she found it difficult to continue speaking, the programme presenter and pundits continued to ask her questions, some of which were intrusive, for around six minutes. Despite the guest’s obvious despair and distress, the editor failed to cut the interview short or even stop it temporarily to give her time to compose...
United Kingdom
[GB] New communications offences enacted by the Online Safety Act 2023
The Online Safety Act 2023 (OSA) introduced a range of measures intended to improve online safety in the UK, including duties on internet platforms about having systems and processes in place to manage illegal and harmful content on their sites. On 31 January 2024, Part 10 of the Act came into effect, introducing a series of new criminal offences which represent a significant leap forward in tackling complex challenges surrounding online communications safety. Section 179 of the OSA establishes the criminal offence of sending false communications and seeks to target, among others, internet...
Italy
[IT] For the first time, AGCOM imposes a fine of more than one million euros on social network X for prohibited online gambling advertising
The Italian Communications Authority (AGCOM) has, for the first time, sanctioned the Twitter International Unlimited Company, owner of the video-sharing platform X, for violating the ban on gambling advertising, pursuant to Article 9 of the Dignity Decree, imposing a fine of EUR 1 350 000.00. In particular, following numerous reports of alleged violations of the ban on online gambling advertising, AGCOM initiated and concluded a sanctioning procedure finding nine violations, one each for nine individual accounts, all marked with the blue tick. These violations related to content of an advertising...
[IT] Italy adopts a legislative decree amending the Italian audiovisual media services code following the opinions rendered by the Council of State and the ad hoc committees of the Chamber of Deputies
The Italian government has recently approved a legislative decree poised to amend the provisions laid down in Legislative Decree No. 208 of 8 November 2021 (“AVMS Code”). The legislative decree at-issue has not yet been published in the Italian Official Gazette and, therefore, this article focuses on the opinion rendered by the Italian Council of State on the amendments proposed. On 19 December 2023, the Council of Ministers preliminarily approved the legislative decree (“Corrective Decree”), which is poised to supplement and correct the provisions laid down in the AVMS...
[IT] AGCOM public consultation on the methods of verification of the age of majority by website managers and video-sharing platform suppliers
The Italitan Communications Authority, AGCOM, has launched a public consultation on the specifications and requirements of the age assurance system, which will have to be implemented by providers of video-sharing platforms that disseminate images, videos and services for adult users in Italy. This is a new measure provided for by a national law (Legislative Decree 123/23 converted into Law 159/23) which is added to other instruments aimed at protecting minors on the Internet. In fact, in November 2023, guidelines came into force (Resolution No. 9/23/CONS) for operators both on smartphones...
Netherlands
[NL] NPO withdraws two fines issued against broadcaster Ongehoord Nederland
On 28 March 2024, the Stichting Nederlandse Publieke Omroep (Dutch Public Broadcasting Foundation – NPO) issued a significant decision, withdrawing two fines previously imposed on the broadcaster Ongehoord Nederland. This follows a high-profile decision by the Secretary of State for Culture and Media in December 2023, refusing the NPO’s request to withdraw the recognition of Ongehoord Nederland as a public broadcaster (see IRIS 2024-3/13). The two fines had been imposed on the broadcaster for “systematic violation” of the NPO Journalistic Code, and for a “lack of cooperation”...
[NL] The Authority for Consumers and Markets permits KPN acquisition of telecom provider Youfone
On 21 March 2024, the Autoriteit Consument en Markt (the Netherlands Authority for Consumers and Markets – ACM) issued a significant decision, granting an acquisition licence for Dutch telecom provider KPN to acquire rival telecom provider Youfone Nederland. This followed a decision by the ACM in September 2023 that the acquisition needed “further investigation”, as the acquisition “could result in a loss of significant competitive pressure” in the budget segment of the market for mobile telecommunication services, and “could lead to higher prices or a reduced...
Russian Federation
[RU] Ban on advertising revenues for “foreign agents”
Amendments to the federal statutes on “foreign agents”, on advertising and on the mass media were adopted by the State Duma on 28 February and signed into law on 11 March 2024. They introduce a complete ban on advertising in the “information resources” of legal and physical entities listed by the Russian authorities as “foreign agents” (see IRIS 2022-10:1/7). The ban includes advertising in the media outlets published by these “foreign agents”, their social media channels, blogs and individual web pages. The administrative fine for Russian businesses...
Ukraine
[UA] Co-regulation body for audiovisual media established
According to the recently adopted Statute of Ukraine “On the Media” (See: IRIS 2023-1:1/6 and IRIS 2023-5:1/15) (Chapter VII, Art. 92-96), “joint media regulation is a combination of functions and means of state regulation and industry self-regulation. These ensure the involvement of media actors in developing and determining the requirements for the content of information disseminated by the media, as well as to prevent censorship and abuse of freedom of speech” (Art. 92). On 6 March 2024, the first institution of joint media regulation, officially titled “Co-regulatory...
United States of America
[US] Department of State publishes Democratic roadmap to build civic resilience to the global digital information challenge
On 18 March 2024, on the occasion of the Third Summit for Democracy Multi-Stakeholder Roundtable in Seoul, US Secretary of State Antony Blinken announced a new Democratic Roadmap to build civic resilience to the global digital information challenge. The roadmap, developed by the U.S. Department of State’s Bureau of Cyberspace and Digital Policy (CDP) is meant to assist global policymakers, civil society and the private sector in providing a global response to tackle the challenge of information integrity while remaining consistent with democratic values, freedom and expression and international...
