IRIS newsletter 2026-6
Publisher:
European Audiovisual Observatory
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E-mail: obs@obs.coe.int
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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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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
The FIFA World Cup is currently in full swing, stoking competitive spirits and birthing passions among new watchers. Luckily, the event is made as widely available as possible, due to the World Cup enjoying the status of "event of major importance", leading many matches to be available for viewing on free TV, much to the delight of football fans. However, piracy of football broadcasts continues to have a negative impact on rightsholders. In this context, the French media regulator, Arcom, recently adopted two model agreements that could form the basis of discussions with rights holders, search engine operators and intermediaries involved in blocking measures, with a view to facilitating coordinated action against the illegal broadcasting of sporting events and competitions.
Fighting piracy is always a complicated endeavour, requiring appropriate measures that take into consideration all rights involved. As an example, following a reference for a preliminary ruling, the French Conseil d’État held that the graduated response mechanism designed to combat online piracy of protected works did not comply with EU law, insofar as the decree to implement it did not provide adequate personal data protection.
The trusted flaggers system provided under the DSA may be relevant for detecting such illegal content. The European Commission recently released a study supporting the implementation of the trusted flaggers mechanism under the DSA.
Speaking of regulating content online, Ofcom has introduced a new set of crisis response measures that will be incorporated into its "Illegal Content Codes of Practice" and "Protection of Children Codes of Practice" under the Online Safety Act. These measures aim to strengthen how certain online platforms respond when exceptional events generate a rapid increase in illegal content or content harmful to children, particularly where online activity poses a threat to public safety.
Enjoy the read and the summer!
Maja Cappello, Editor
International
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: Tožičková v. Czech Republic
On 5 September 2020, in one of several protests held that year, a group of environmental activists had protested at the Vršany coal mine in Czechia by occupying an excavator. They had been protesting against the continuous mining of coal and the government’s lack of action to mitigate its adverse effects on the environment. Since public access to the mine had been prohibited, the police had intervened and apprehended the activists, who had refused to leave upon the police’s request. The applicant in the subsequent case before the European Court of Human Rights...
CoE: Freedom of Expression and CDMSI Division
Recommendation on online safety and empowerment of users and content creators
On 8 April 2026, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2026)4 on online safety and empowerment of users and content creators. This recommendation was developed by the Committee of Experts MSI-eSEC under the authority of the Steering Committee on Media and Information Society (Comité directeur sur les médias et la société de l’information - CDMSI). The online environment is now one of the main ways in which people can exercise their right to freedom of expression, including the right to receive information. Digital...
EUROPEAN UNION
EU: Court of Justice of the European Union
CJEU: Member states cannot introduce blanket prohibitions on LGBTI+ content under the guise of child protection
On 21 April 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-769/22 (European Commission v. Hungary), ruling that various national legislative amendments enacted by Hungary in June 2021 – commonly referred to as part of its "child protection" package – violated several foundational EU values, internal market rules, and fundamental rights. Crucially, the judgment established for the first time a separate, standalone infringement of Article 2 of the Treaty on the European Union (TEU). The case originated from an omnibus legislative...
EU: European Commission
European Commission publishes Code of Practice on Transparency of AI-Generated Content
On 10 June 2026, the European Commission published the Code of Practice on Transparency of AI-Generated Content. The code, drawn up by independent experts, sets out practical steps to comply with the obligations stemming from the AI Act’s Article 50, on transparency with regard to the marking and labelling of AI-generated content. As indicated in the code itself, its overarching objective is to: “improve the functioning of the internal market, to promote the uptake of human-centric and trustworthy artificial intelligence and to support innovation pursuant to Article 1(1) AI Act,...
EU: European Commission
Publication of a study on trusted flaggers and Commission's draft guidelines
Article 22(1) of the Digital Services Act (DSA) requires providers of online platforms to take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers acting within their area of expertise are given priority and are processed and decided upon without undue delay. Those notices are meant to notify the online platforms of the presence on their service of specific items of information that the notifier considers to be illegal content (Article 16 DSA). Article 22(2) DSA foresees the award by the Digital Services Coordinator of "trusted...
EU: General Court
General Court partially annuls Meta’s designation as a gatekeeper under the DMA
In September 2023, the European Commission designated Meta as a gatekeeper under the Digital Markets Act (DMA). This status, reserved for large platforms with a dominant position on digital marketplaces, imposes specific obligations on them in order to ensure fairer competition. It applies to three of Meta’s services: Facebook, Messenger and Marketplace. Meta accepted the designation for Facebook but challenged the other two before the General Court of the European Union, arguing that the Commission had misjudged the user thresholds and that these services did not constitute standalone...
EU: Media Board
Media Board opinion on the acquisition of Ringier Hungary by Indamedia
Under Article 22 of the European Media Freedom Act (EMFA), member states must establish national rules for the assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. However, if an assessment or consultation on media market concentrations is not carried out, Article 23(1) of the EMFA requires the Media Board to draw up opinions where such media market concentration is likely to affect the functioning of the internal market for media services, either on its own initiative or at the request of the Commission. On 31 October...
NATIONAL
Belgium
[BE] EMFA implementation in the French Community of Belgium and extension of the remit of the Higher Audiovisual Council (CSA)
The legislature of the French Community of Belgium, also commonly known as the Wallonia-Brussels Federation, has amended the Decree of 4 February 2021 on audiovisual media services and video-sharing services with a view to implementing Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act). The amending decree was promulgated on 2 April 2026. Its main provision is to designate the Higher Audiovisual Council of the French...
Germany
[DE] Federal Court of Justice: Freedom of expression only protected for deliberate statements of opinion
In its judgement of 28 April 2026 (case no. VI ZR 113/25), the 6th Civil Division of the Federal Court of Justice (Bundesgerichtshof – BGH) ruled that, when assessing whether a written news article infringes a subject's general personality rights, conflicting interests protected by fundamental rights must be balanced as a matter of principle, taking into account all the circumstances of the individual case. The court had to decide whether a report in the taz newspaper describing a lawyer, named in the report, as a "far-right extremist" infringed his general...
[DE] Media regulators publish 2025 accessibility monitoring report
On 5 May 2026, the German media regulatory authorities (Mediananstalt) published their report on accessibility in the private television and streaming sectors. Under Section 7 of the State Media Treaty (Medienstaatsvertrag), and in accordance with Article 7 of the EU Audiovisual Media Services Directive, nationally licensed, privately owned television broadcasters and providers of television-like telemedia must report every three years on the accessibility of their services and publish action plans setting out measures to improve it. Furthermore, the implementation of the European Accessibility...
Spain
[ES] CNMC reminds Spanish influencers of their obligations regarding advertising on social media
The National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia – CNMC), the authority responsible for ensuring that audiovisual media service providers comply with the obligations set out in the General Law on Audiovisual Communication (Ley General de Comunicación Audiovisual), has issued formal notices to five influencers for breaching the rules on the identification of commercial communications on social media. The decisions relate to several posts shared on Instagram and TikTok by Sofia Suescun, Tamara Gorro, Peldanyos, Samy...
[ES] Co-regulation agreement establishes unified age-rating system for audiovisual content
In June 2026, Spain formalised a co-regulation agreement for the age classification of audiovisual programmes and content, marking a key milestone in the implementation of the General Audiovisual Communication Law (Ley 13/2022 General de Comunicación Audiovisual – LGCA). The agreement was signed by the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC), the Ministry for Digital Transformation and Civil Service, and a broad range of stakeholders representing the Spanish audiovisual ecosystem. The initiative aims to reinforce...
France
[FR] Committee of inquiry proposes stricter duty of discretion for presenters and producers, and the appointment of public broadcasting executives by the President of the Republic
After six months of work and heated debate, the report on the “neutrality, operation and funding of public service broadcasting” was adopted by the parliamentary committee of inquiry. In the report, MP Charles Alloncle, the rapporteur, offers a critical assessment of the impartiality and funding of public service broadcasting, setting out 70 recommendations aimed at “reforming, reducing costs and improving oversight of public service broadcasting”. Meanwhile, the committee chair, Jérémie Patrier-Leitus, presented 40 counter-proposals. Among the rapporteur’s...
[FR] Graduated response mechanism designed to combat online piracy of protected works infringes European Union law
Four organisations asked the Council of State (Conseil d'Etat) to repeal Decree No. 2010-236 of 5 March 2010 on the automatic processing of personal data, implemented pursuant to Article L. 331-23 of the Intellectual Property Code as part of the graduated response mechanism to combat the online piracy of protected works. The decree authorises the French audiovisual regulator (Autorité de régulation de la communication audiovisuelle et numérique – Arcom) to access certain data, in particular the IP address used to illegally download works and the civil...
[FR] Sports piracy: Arcom publishes model agreements designed to improve communication between rights holders and technical intermediaries
In the event of serious and repeated infringements of audiovisual exploitation rights and neighbouring rights relating to sports events or competitions committed by online public communication services whose main objective, or one of whose main objectives, is the unauthorised broadcasting of such competitions, Article L. 333‑10 of the French Sports Code provides sports rights holders (leagues, federations, television channels) with a fast-track procedure before the president of the judicial court. The judge, ruling in summary proceedings or under the expedited procedure on the merits,...
United Kingdom
[GB] Ofcom introduces crisis response measures under the Online Safety Act codes
On 9 June 2026, Ofcom, the UK’s communications regulator, confirmed a new set of crisis response measures that will be incorporated into its Illegal Content Codes of Practice and Protection of Children Codes of Practice under the Online Safety Act 2023 (OSA). The measures form part of Ofcom’s wider implementation of the OSA and are designed to strengthen how certain online platforms respond when exceptional events generate a rapid increase in illegal content or content harmful to children, particularly where online activity poses a threat to public safety. Ofcom has adopted...
Georgia
[GE] TV company under criminal investigation
On 16 June 2026, the Investigation Department of the Tbilisi Prosecutor’s Office launched an investigation under Part 1 of Article 373 of the Criminal Code of Georgia for false reporting. In a public statement on its official Facebook page, the Prosecution Service of Georgia said that the basis for initiating the investigation was a statement by lawyers representing the interests of film director George Khaindrava. It is in relation to information disseminated, in January 2026, by the broadcaster, Formula TV, regarding the possible commission of a crime by him. Citing an anonymous source,...
Hungary
[HU] Hungarian Constitutional Court strengthens constitutional scrutiny of election-related media coverage cases
In three decisions delivered in March and April 2026, the Hungarian Constitutional Court further developed its jurisprudence on the relationship between freedom of expression, electoral fairness and the constitutional role of public service media during election campaigns, particularly regarding social media platforms operated by public service media organisations. The cases arose from judicial review proceedings before the Kúria (the Supreme Court of Hungary) concerning decisions of the National Election Commission (Nemzeti Választási Bizottság - NVB) and focused...
Lithuania
[LT] Amendments to Lithuanian National Radio and Television Law (Law No. XV-981) enter into force
On 2 June 2026, the Lithuanian Parliament (Seimas) adopted Law No. XV-981 amending the Law on Lithuanian National Radio and Television (LRT), the country's public service broadcaster. President Gitanas Nausėda signed the new law on 12 June and it entered into force the following day, with parts of it deferred until 1 January 2027 and 1 January 2028. Passed by 77 votes to one after the opposition had left the chamber, the text had been prepared by a cross-party working group convened after widespread public protests in December 2025. The law changes the way LRT is governed...
Poland
[PL] National Broadcasting Council submits annual report on its activities and information on key issues concerning radio and television broadcasting
As required under Article 12 of the Polish Broadcasting Act, by the end of May in each calendar year, the national regulator – the National Broadcasting Council (Krajowa Rada Radiofonii i Telewizji – KRRiT) – submits to the lower house of parliament (Sejm), the senate and the President of the Republic an annual report on its activities in the preceding calendar year and information on key issues concerning radio and television broadcasting. The report on KRRiT’s 2025 activities is divided into eight sections corresponding to particular responsibilities and tasks imposed...
Portugal
[PT] Portugal establishes ANACOM as the national digital service coordinator
The Portuguese parliament has finalised the implementation of the Digital Services Act, designating the National Authority for Communication (Autoridade Nacional de Comunicações - ANACOM) as the Portuguese Digital Service Coordinator. Law No. 12-A/2026, of 15 April, has also established, as other coordinators, the Media Regulatory Agency (Entidade reguladora para a comunicacao social - ERC) and the National Commission for Data Protection (Comissão Nacional de Proteção de Dado - CNDP). ANACOM is now the national authority that supervises the compliance...
Romania
[RO] Romanian National Audiovisual Council publishes guidelines regarding the name and identifying features of on-demand audiovisual media services provided via electronic communications networks and online platforms
On 21 April 2026, the Romanian National Audiovisual Council (Consiliul National al Audiovizualului) published a set of guidelines on the name and identifying features of on-demand audiovisual media services provided via electronic communications networks and online platforms. Under Romanian Audiovisual Law no. 504/2002, an on-demand audiovisual media service is defined as an audiovisual media service based on a catalogue of programmes selected and made available by a media service provider, in which programmes are viewed at the individual request of a user and at a time chosen by the user....
Russian Federation
[RU] Ministry of Culture refuses and withdraws film distribution certificates
Since Federal Law No. 324-FZ came into force on 1 March 2026, the Russian Ministry of Culture, the federal authority that licenses theatrical distribution, has intensified the refusal process for distribution certificates, required for any national and foreign releases to be shown commercially or in public in the Russian Federation. It has also withdrawn certificates already issued. The precedent of Nuremberg by James Vanderbilt, denied its 19 March release by the Ministry of Culture, was followed by Leaving North Korea, directed by Frederik Sølberg and reported as a Danish–South Korean...
