IRIS newsletter 2026-5
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: 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
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
With the summer fast approaching, many children and teenagers have their minds already set on the end of classes, longer days and more free time to enjoy the pleasures of life: holidays, sunshine and more time to see friends outside of school. However, parents might rather be thinking “more time wasted on their smartphones!”.
They would not be in the wrong for feeling slightly anxious at the thought of it. The European Commission recently concluded that Meta failed to prevent minors under 13 (the minimum age set under their terms and conditions) from accessing Instagram and Facebook, with all the risks it entails. It is indeed difficult to properly assess the age of platform users, some may say, and that is why the Commission also recently published its Recommendation on establishing a common framework for EU-wide Age Verification technologies. In general, the topic remains at the centre of discussions for regulators and legislators from many countries in and out of the European Union, as shown by the German state media authorities’ new report on youth protection and media literacy, and the UK Ofcom’s GBP 950 000 fine on an online suicide discussion forum. The protection of young people and the associated debates surrounding social media bans will be the focus of the Observatory’s Presidency conference in Oslo on 10 June.
Not everything in the past few weeks was related to the protection of minors though. There were some important developments in the copyright field, with a resolution of the Parliamentary Assembly of the Council of Europe supporting content creators against AI companies and a CJEU follow-up to the landmark Pelham case. Moreover, regulatory developments occurred in Germany regarding cooperation in the broadcasting sector, and in Italy with the adoption of a new Resolution governing the transmission of events of major interest. Additionally, a new court decision was made in Poland, to repeal the highest administrative penalty ever imposed for transmitting a programme promoting content contrary to the law and societal interest.
Enjoy the read!
Maja Cappello, Editor
International
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: Nederlandse Omroep Stichting and Others v. the Netherlands
On 21 April 2026, the European Court of Human Rights (the Court) issued its judgments in the case of Nederlandse Omroep Stichting and Others v. the Netherlands, No. 20066/18. The applicants – Nederlandse Omroep Stichting (public broadcasting service), RTL (commercial broadcasting service), and De Volkskrant (newspaper) – complained about the refusal of the Minister of Justice and Security (the Minister) to provide access to documents relating to the government’s handling of the downing of flight MH17. The case concerned Article 10 ECHR; the Court found no violation. Background...
CoE: Parliamentary Assembly
PACE: Resolution on “Copyright enforcement in the artificial intelligence environment”
On 23 April 2026, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution on “Copyright enforcement in the artificial intelligence environment” based on a report by Mogens Jensen (Denmark, SOC). PACE states that current copyright laws in Europe are “neither clear-cut nor fit for purpose” as regards the training of artificial intelligence (AI) systems, and such a legal environment favours the interests of Big Tech companies while those of creators are marginalised. In its resolution, PACE recognises the vital role that copyright law plays in...
EUROPEAN UNION
EU: Court of Justice of the European Union
CJEU: Pelham II and the notion of "pastiche"
On 14 April 2026, the Court of Justice of the European Union (CJEU) ruled on the Pelham case once again, this time to clarify the concept of “pastiche”. In 2019, the Court had already ruled on the electronic copying of a rhythm sequence sample from Kraftwerk’s track Metall auf Metall and its use by producer Moses Pelham in a continuous loop in the song Nur mir. After years of legal proceedings before the German courts, the CJEU had ruled that unauthorised sampling infringes the phonogram producer's reproduction rights, unless the fragment is incorporated into the new phonogram...
EU: Court of Justice of the European Union
The Court of Justice clarifies the scope of the private copying exception under the InfoSoc Directive
On 16 April 2026, the Court of Justice of the European Union delivered its judgment in Case C-496/24 Stichting de Thuiskopie, which concerns the interpretation of Article 5(2)(b) of Directive 2001/29 of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive). In this judgment, the Court of Justice clarified the scope of the private copying exception in relation to offline streaming copies provided in the...
EU: European Commission
European Commission publishes first review of the DMA
On 28 April 2026, the European Commission published its first review of the Digital Markets Act (DMA). This first review is part of a legal requirement, mandated by the Regulation itself, to review the DMA every three years to ensure that it meets its objectives and remains effective in the evolving landscape of digital markets. The review found that the DMA remains fit for purpose after two years of application. It found that the DMA notably provided Europeans with several valuable possibilities with regard to their digital use. It has provided them with the ability to transfer their data when...
EU: European Commission
The European Commission defines a common method for age verification technologies in the EU
On 29 April, the Commission adopted a recommendation enabling all EU citizens to use anonymous tools to verify their age, while guaranteeing a high level of privacy and data protection. The recommendation is based on a simple observation: age verification is becoming increasingly important in everyday life. The Commission places particular emphasis on the protection of minors from illegal or harmful content, cyberbullying, grooming, the risks of addiction and other problematic uses of digital services. There are already several European rules protecting minors online, including the Digital...
EU: European Commission
[FR] The European Commission has reached the preliminary conclusion that Meta is not complying with its obligations to prevent access to its platforms by minors under the age of thirteen
On 29 April, the European Commission made a preliminary finding that the Meta platforms (Instagram and Facebook) were not complying with the Digital Services Act (DSA), as they were failing to take the necessary measures to prevent minors under the age of 13 from accessing their services. These conclusions follow a formal procedure opened by the Commission in May 2024. They are also based on the 2025 guidelines on the protection of minors under the DSA. The minimum age for accessing Meta platforms is set at 13. However, despite the measures put in place, nothing really prevents a minor under...
EU: European Parliament
"Stop Killing Videogames" Initiative discussed at the European Parliament
A plenary debate was held in the European Parliament on 21 May 2026 with regard to the European Citizens’ Initiative commonly referred to as « Stop Killing Games ». The initiative, also known as “Stop Destroying Videogames” (its official name in the EU process), is calling to require video game publishers that sell or license videogames to consumers in the European Union to leave said videogames in a playable state and prevent publishers from disabling access to them after the end of their commercial cycle. It was registered on 19 June 2024 and submitted...
NATIONAL
Armenia
[AM] Parliament approves regulation of the use of AI in audiovisual media
On 7 April 2026, the National Assembly (parliament) of Armenia adopted a bill to regulate “synthetic content” in audiovisual media. The 2020 Statute of the Republic of Armenia on Audiovisual Media (IRIS 2021-1:1/2) now contains the following definition of "synthetic content" in Article 3 under the heading “Main concepts used in the statute”: “audiovisual, audio or other information material or image, which has been fully or partially created or modified using generative artificial intelligence (hereinafter referred to as AI), machine learning or other...
[AM] Restrictions on harmful programmes enforced
On 16 April 2026, the National Assembly (parliament) of Armenia adopted a law to expand and detail the notion of “abuse of audiovisual broadcasts”, especially in the event of their dissemination by “network operators”. The support for the bill to amend the relevant provisions of the 2020 Statute “On Audiovisual Media” was significant, with 58 deputies voting for, three against, and 15 who abstained in the final second vote (for more background information, see IRIS 2021-1:1/2 and IRIS 2026-3:1/2). As per Article 3 of the Statute “On Audiovisual Media”,...
Germany
[DE] Broadcasting Commission adopts resolution on facilitating cooperation in the broadcasting sector
On 4 March 2026, in view of the growing market power of global platforms, the Broadcasting Commission of the federal states (Rundfunkkommission der Länder) published a resolution on facilitating cooperation in the broadcasting sector. The resolution reflects the fact that advancing digitalisation and changes in media use are creating the need for German broadcasting regulations to be reformed. With the Seventh Interstate Treaty on the Amendment of Interstate Treaties on Media Law - Reform of Public Service Broadcasting (Siebte Staatsvertrag zur Änderung medienrechtlicher Staatsverträge...
[DE] Media authorities' 2026 youth protection and media literacy report published
On 13 March 2026, the state media authorities (Medienanstalten) published their new 2026 youth protection and media literacy report, entitled "#FollowMe!? Social Media, Influencing und Responsability". The report brings together the latest scientific findings and legal assessments, as well as practical projects from across Germany. As its title suggests, social media and influencers form the core themes of the report. This is due to the fact that, according to the 2025 "Youth, information and media" study (Jugend, Information, Medien - JIM), social media is not only...
[DE] NLM lodges complaint about reporting by Spiegel TV
On 11 March 2026, the Lower Saxony state media authority (Niedersächsische Landesmedienanstalt – NLM) lodged a complaint concerning a breach of journalistic due diligence by the broadcaster dctp Entwicklungsgesellschaft für TV-Programm mbH. The complaint concerned an edition of the Spiegel TV television programme in which people had been portrayed without their identity being sufficiently concealed. The report in question, entitled "Tatort Hauptstadt: Ramme, Rausch und Randale", was broadcast on 18 August 2025 as part of a third-party window by the private...
Spain
[ES] Supreme Court confirms exclusion of FC Barcelona and Real Madrid from audiovisual rights body was unlawful
On 10 April 2026, the Spanish Supreme Court upheld the nullity of LaLiga’s decision to exclude FC Barcelona and Real Madrid from the deliberations of the Audiovisual Rights Control Body, the body responsible for supervising key aspects of the collective marketing of professional football broadcasting rights under Royal Decree-Law 5/2015. The dispute arose from meetings held on 1 March, 12 April and 19 May 2022, in which the two clubs were prevented from taking part in deliberations and votes on the basis of an alleged conflict of interest linked to their support for the Super League project. Under...
France
[FR] Refusal to classify an animated film without dialogue as an "original French-language work"
A production company sought the annulment, on the grounds of ultra vires, of a decision in which the French audiovisual regulator (Autorité de régulation de la communication audiovisuelle et numérique – Arcom) had refused to classify the animated film Mon ami robot as an original French-language work. This classification directly affects the ability of television service providers (and, by extension, certain on-demand audiovisual media services under French jurisdiction) to include the work in their broadcast quotas and investment obligations. The Council...
United Kingdom
[GB] Ofcom escalates Online Safety Act enforcement with GBP 950 000 suicide forum fine
Ofcom, the UK’s communications regulator, has imposed a GBP 950 000 penalty on the provider of an online suicide discussion forum for continuing failures under the Online Safety Act 2023 (OSA). The decision marks a further expansion of the OSA enforcement beyond pornography and age-assurance obligations (see IRIS 2026-1:1/25, IRIS 2026-3:1/10 and IRIS 2026-4:1/3) into the Act’s illegal-content duties concerning content that may encourage or assist suicide. Ofcom has not named the forum or provider because of the nature of the service. The regulator says the forum had been cited in connection...
[GB] Report on copyright and artificial intelligence presented to UK Parliament
On 18 March 2026 the government published its Report on Copyright and Artificial Intelligence (the Report), which follows a consultation that ran from 17 December 2024 to 25 February 2025. Under section 136 of the Data (Use and Access) Act 2025 (the Act), the Secretary of State for DSIT and DCMS must, before the end of the period of nine months starting from the day on which the Act was passed (19 June 2025), prepare and publish a report on the use of copyright works in the development of Artificial Intelligence (AI) systems, and present this report to parliament. The consultation received 11...
Hungary
[HU] Court of Justice of the European Union: Rejection of Klubrádió’s frequency license renewal application ruled unlawful
On 26 February 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-92/23 concerning the infringement proceedings initiated by the European Commission against Hungary regarding the refusal to renew Klubrádió’s broadcasting contract. The Court found that Hungarian authorities breached EU law by refusing to extend the service provider's frequency usage rights based on discriminatory and disproportionate conditions. Klubrádió is a Hungarian commercial radio station that has been broadcasting its programmes on various radio...
Italy
[IT] AGCOM adopts new regulatory framework on events of major importance for society
The Italian Communications Authority (AGCOM) adopted Resolution No. 102/26/CONS of 29 April 2026, establishing the updated regulatory framework governing the transmission of events deemed to be of major importance for society. Following the transposition into Italian law of Directive (EU) 2018/1808, the Italian legislature entrusted the Ministry of Enterprises and Made in Italy (MIMIT), acting in consultation with AGCOM, with the competence to adopt the list of events of major importance for society and events of social or significant public interest. At the same time, AGCOM was entrusted...
Netherlands
[NL] The Amsterdam District Court issued an immediate ban on Grok-generated sexual deepfakes in the Netherlands
On 26 March 2026, the District Court of Amsterdam (Rechtbank Amsterdam) issued a ruling to immediately stop the social media platform X and X.AI, providers of the generative AI chatbot Grok, from generating and distributing deepfake sexual images of (underage) persons residing in the Netherlands. The ruling was delivered in summary proceedings initiated by the expertise centre for online abuse Offlimits, supported by the Netherlands Victim Support Fund (Slachtofferhulp Nederland). In late 2025, X introduced a feature allowing users to use Grok to edit images posted on the platform. The new functionality...
Poland
[PL] Repeal of the highest administrative penalty in the history of Polish media
The Circuit Court in Warsaw, Commercial Court, in its judgment of 27 March 2026 set aside in its entirety the decision of the former Chairman of the National Broadcasting Council (KRRiT), Maciej Świrski, of 4 March 2024. This decision had found a violation by the Company TVN SA of the provisions of the Broadcasting Act and imposed a financial penalty of PLN 550 000 on the broadcaster. This was the highest administrative penalty in the history of Polish media. In the opinion of KRRiT, the broadcaster had transmitted a programme promoting content contrary to the law and societal interest, offending...
