IRIS newsletter 2026-8
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European Audiovisual Observatory
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Maja Cappello, Editor • Amélie Lacourt, Justine Radel, Sophie Valais, Diego de la Vega, Deputy Editors (European Audiovisual Observatory)
Documentation/Press Contact: Alison Hindhaugh
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E-mail: alison.hindhaugh@coe.int
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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)
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Editorial
Nowadays, young people, including children, are rarely ever really alone. Even when they are, the whole world (friends, entertainment but also its more unsavory aspects) is never far away. Social media has become a constant companion, which not only impacts online interactions but also real-life ones, creating a particularly vulnerable area for those who do not yet have the skills to address it. In this context, the European Commission has just published the EU KIDS Act, which proposes a gradual approach to protecting children based on their age and shifts responsibility towards platforms to prove that they are safe by design.
This initiative comes at a time when several countries have already started discussing measures such as social media “bans” or “delays”. While a handful of countries are still in preparatory phases, the French Constitutional Council recently ruled that the ban on social media for under 15s, considered too general, was unconstitutional. In Germany, the expert commission appointed by the Federal Ministry of Education, Family Affairs, Senior Citizens, Women and Youth recently published its recommendations for action on the protection of children and young people in the digital world, ranging from media literacy to measure to be taken by platforms.
Platforms, which are already the center of attention, will continue to be. While the European Commission sent TikTok preliminary findings this summer indicating that the TikTok accounts of minors did not meet the safety standards required under the Digital Services Act, Meta recently reached an agreement with a coalition of US attorneys general aimed at settling legal proceedings in which it was accused, amongst other things, of designing Facebook and Instagram in such a way as to encourage compulsive use by children and teenagers.
The EU KIDS Act is also aimed at video-sharing platforms, online games as well as AI chatbots and AI companions. PEGI, the Pan-European system for the age classification of video games, has recently expanded age rating criteria to include interactive risk categories and a focus on the functionality of the game, including purchases of in-game content, paid random items, communication features, and mechanisms that incentivise players to return to the game.
There is a lot at stake in this fight to protect our children online, so be sure to keep up to date with our upcoming Newsletter issues and reports to stay informed.
Enjoy the read!
Maja Cappello, Editor
European Audiovisual Observatory
International
PEGI
PEGI expands age rating criteria with interactive risk categories
On 1 June 2026, PEGI (Pan-European Game Information), the Pan-European system for the age classification of video games, added several new categories to its classification criteria: newly submitted games are now classified based not only on content but also on functionality, including purchases of in-game content, paid random items, communication features, and mechanisms that incentivise players to return to the game. Games to which these additional criteria apply may receive a higher PEGI age rating as a result. It is a substantive change for the PEGI age rating system and part of the efforts...
COUNCIL OF EUROPE
CoE: European Court of Human Rights
European Court of Human Rights: De Carvalho Marques and Others v. Portugal
Introduction Referees are crucial in sport as they help to protect its integrity and fairness. Referees' work can legitimately be criticised, but there may be situations in which "criticism" crosses over into plain insult or conspiracy theories, in which case disciplinary action may be taken to protect the good name and reputation of both people and clubs. In De Carvalho Marques and Others v. Portugal, the European Court of Human Rights (ECtHR) grapples with the question of when such disciplinary action is in conformity with the freedom of expression. The judgment...
CoE: European Court of Human Rights
European Court of Human Rights: Kunstelj v. Slovenia
In Kunstelj v. Slovenia, a unanimous judgment of 7 July 2026, the European Court of Human Rights (Third Section) found that an unconditional prison sentence imposed by the Slovenian national courts for a series of extremely vulgar and offensive blogposts targeting two journalists who were not public figures, while a measure of last resort was not a disproportionate sanction, given the severe nature of the impugned content. The Court held that the applicant’s right to freedom of expression under Article 10 of the European Convention on Human Rights had not been violated. In reaching this conclusion,...
EUROPEAN UNION
EU: Court of Justice of the European Union
CJEU: an unpaid, donation-funded website operator falls within the ban on broadcasting Russian state-controlled media
On 2 July 2026 the Court of Justice of the European Union (Fourth Chamber) delivered its judgment in Case C-67/25, ruling that a natural person who makes content from a listed Russian broadcaster available on a freely accessible website is an "operator" caught by the Union broadcasting ban, even where the website carries no advertising and is financed only by voluntary donations. The ruling was given on a reference for a preliminary ruling from the Saarbrüken Regional Court (Landgericht Saarbrücken). The reference arose in German criminal proceedings against three individuals...
EU: Court of Justice of the European Union
The Court of Justice of the European Union clarifies the conditions under which a text published on a social media platform is protected
The case began on 8 September 2021, when a Romanian teacher posted a message on Facebook entitled "A short guide for parents as the new school year begins". In this post, she informed parents that she did not wish to receive any gifts from them. A few days later, the teacher discovered that her text had been reproduced, without her permission, by a journalist in an article entitled "A teacher’s unpublished message to parents of pupils who had intended to give her gifts at the start of the school year". The teacher then brought an action against this press article, claiming...
EU: European Commission
New Guidelines from the European Commission clarify transparency obligations under Article 50 of the AI Act
The Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the Artificial Intelligence Act (AI Act), available since 20 July 2026, provide further detail of each paragraph of Article 50. The Guidelines are non-binding and serve as practical guidance to assist interested parties in ensuring compliance with the transparency obligations under Article 50. Overall, the Guidelines explain the types of content covered, the actors concerned and the technical characteristics required for markings and detection mechanisms to support transparency. Article...
EU: European Commission
TikTok preliminarily found in breach of the DSA
On 24 July 2026, the European Commission sent TikTok preliminary findings indicating that the TikTok accounts of minors did not meet the safety standards required under the Digital Services Act (DSA). The determining factor was the fact that minors can choose to set their account to "public", allowing any user, including those without a TikTok account to view their content. Under this setting, the content published by minors aged 16 and 17 can also be recommended to other users, leading to risks of unwanted contact, and risks of having the minors’ content be used for cyberbullying....
NATIONAL
Austria
[AT] ORF Director-general’s private chats between privacy protection and the public Interest
The resignation of Roland Weißmann, the former director-general of Austria’s public service broadcaster (Österreichischen Rundfunks - ORF), has developed into a noteworthy media law case concerning the boundaries between privacy and investigative journalism. Weißmann resigned as director-general of the ORF on 8 March 2026 after an employee raised allegations of inappropriate conduct and sexual harassment. Weißmann denied the allegations. A subsequent investigation by the ORF’s Compliance Office and external compliance experts concluded in April that the conduct...
Bulgaria
[BG] Social media profiles of media outlets brought explicitly within the Election Code's campaign restrictions
On 7 August 2026, the Act amending and supplementing the Election Code – the Act (Закон за изменение и допълнение на Изборния кодекс) was promulgated in the State Gazette (Държавен вестник) and has already come into force – just in time for the upcoming presidential elections in October. The change of greatest significance for the media sector (and the local political process and election campaigns) amends the definition of “media service” in paragraph1, point 15 of the additional provisions of the Election Code (Изборен кодекс). Media services are still considered to...
Germany
[DE] Berlin Administrative Court confirms lawfulness of media authority’s ban on Russia Today
In a ruling of 30 June 2026, the Berlin Administrative Court (Verwaltungsgericht Berlin – VG) dismissed the claim brought by RT DE Productions GmbH challenging the German media regulator’s 2022 objection to and prohibition of the RT DE television channel. The court rejected the main argument put forward by the Berlin-based broadcaster that it was not the provider itself but that its parent company, TV Novosti, based in Russia, was the provider. Consequently, the ban on RT DE which, it is undisputed, did not hold a licence in Germany was also deemed lawful. RT DE is the German-language...
[DE] Media regulator applies media law rules to certain AI content for the first time
On 14 July 2026, the Commission for Licensing and Supervision (Kommission für Zulassung und Aufsicht – ZAK), the central body of the 14 German state media authorities, announced that, for the first time, German media law could apply to AI searches and AI chatbots. Its decisions regarding Google's AI Overviews and Perplexity's AI chatbot of the same name, which features an AI news page, indicate that the provisions of the Inter-State Media Treaty (Medienstaatsvertrag – MStV), including those safeguarding diversity, will be applied consistently...
[DE] Publication of recommendations for action from the Commission of Independent Experts on the Protection of Children and Young People in the Digital World
On 24 June 2026, the expert commission appointed by the Federal Ministry of Education, Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Bildung, Familie, Senioren, Frauen und Jugend – BMBFSF) published its recommendations for action on the protection of children and young people in the digital world. Under the strapline "Strengthening development, taking responsibility", the 56 recommendations set out measures in various areas ranging from media literacy in schools to measures to be taken by platforms. With regard to the use of social media by children...
Spain
[ES] Council of ministers approves new special employment regime for artists and audiovisual technical staff
On 21 July 2026, Spain's Council of Ministers approved Royal Decree 607/2026, of 22 July, regulating the special employment status of artists, technicians and auxiliary personnel working in the performing arts, audiovisual and music sectors. Published in the Official State Gazette (Boletín Oficial del Estado - BOE) on 25 July 2026, the new framework replaces Royal Decree 1435/1985, in force for more than four decades, and completes the modernisation process initiated by Royal Decree-Law 5/2022. Given the scale of the reform – the Ministry of Labour and Social Economy estimates...
Finland
[FI] Supreme Administrative Court upholds consent requirements for national news websites
On 27 August 2026, Finland’s Supreme Administrative Court (Korkein hallinto-oikeus - SAC) upheld consent requirements for tracking-based news personalisation and rejected a cookie consent interface that made refusal less accessible than acceptance. The judgments concerned Sanoma Media Finland Oy (KHO:2026:64) and Otavamedia Oy (KHO:2026:65), respectively. Both cases concerned section 205 of the Act on Electronic Communications Services (Laki sähköisen viestinnän palveluista), which implements Article 5(3) of the ePrivacy Directive (2002/58/EC, as amended). For the storage...
[FI] Supreme Administrative Court upholds regulatory assessment of radio-transmission prices
On 3 July 2026, the Finnish Supreme Administrative Court (Korkein hallinto-oikeus - SAC) dismissed Bauer Media Oy’s appeal concerning the Finnish Transport and Communications Agency Traficom’s assessment of Digita Oy’s wholesale radio-transmission prices. Digita had been designated an undertaking with significant market power and was required to base its wholesale radio-transmission charges on an efficient operator's costs. The obligations covered radio antenna-capacity rental at main transmitter stations, ancillary functions and transmission services. In its decision...
France
[FR] Ban on social media for under 15s ruled unconstitutional
On 21 July, the French Parliament adopted, in a joint committee, the law aimed at protecting minors from the risks posed by the use of social media. Shortly afterwards, more than 60 MPs referred Article 1 of the act to the Constitutional Council; this article provided for the insertion into the Act of 21 June 2004 on confidence in the digital economy a new Article 6-9 prohibiting minors under the age of 15 from accessing online social media services. The MPs bringing the petition criticised the principle of a blanket ban on access to social media without distinction between the services...
[FR] Piracy of sports content: reinforcement of anti-piracy measures
Adopted by the Joint Committee in the middle of the summer, the Act on the organisation, management and funding of professional sport (the Act) was published in the Journal officiel on 4 August. Among other things, this legislation includes a considerable strengthening of the fight against piracy, in particular to enable much more rapid blocking measures during retransmissions of sporting events. It also incorporates an overhaul of the framework governing the marketing and redistribution of broadcasting rights. Chapter III of the Act (Articles 31 to 34) is specifically devoted to strengthening...
United Kingdom
[GB] Former MP succeeds on honest opinion defence under Defamation Act 2013
On 29 July the Court of Appeal allowed a summary judgment appeal by the defendant, Matt Hancock, a former Member of Parliament (MP), disallowing the decision of High Court judge Mrs Justice Collins Rice (the Judge) that the claim for libel by former MP, Andrew Bridgen, was unsuitable for a summary judgment in Mr Hancock's favour on the basis of an honest opinion defence under section 3 of the Defamation Act 2013, and that it should proceed to trial. Mr Bridgen had posted a tweet (the Tweet) on 11 January 2023 linking to an article by Dr Joshua Guetzkow concerning the adverse effects of Covid...
[GB] Ofcom proposes new fraudulent advertising duties for major online platforms and search engines
The UK’s online safety regulator, Ofcom, has proposed nearly 40 measures requiring the largest social media and search services to strengthen their systems against paid fraudulent advertising. The draft codes of practice would implement the additional duties in sections 38 and 39 of the Online Safety Act 2023 (OSA) for Category 1 and Category 2A services respectively. Their central feature is a shift from post-publication removal towards controls spanning advertiser access, ad creation and placement. The proposals cover advertiser verification, account security, moderation, complaints, governance...
Ireland
[IE] Ireland extends its digital games tax credit to post-release content
The European Commission has approved amendments to Ireland’s digital games tax credit, allowing qualifying expenditure incurred after the initial public release of a game to benefit from the existing 32% corporation tax credit. The approval, adopted on 28 August 2026 in State Aid Case SA.122392, expands the scope of Section 481A of the Taxes Consolidation Act 1997 and brings the Irish incentive closer to the production models used by modern games studios. The amendment is particularly significant for live-service and games-as-a-service businesses. Unlike traditional games, which may be...
[IE] Ireland's Media Commission publishes revised Media Pluralism Policy
On 6 August 2026, Ireland’s independent media regulator, (Coimisiún na Meán), published its revised Media Pluralism Policy. The Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act 2022, makes the Commission responsible for ensuring that broadcasting and audiovisual on-demand media services available in Ireland are open, inclusive, pluralistic, and serve the needs of the people of Ireland. The Policy recognises that media pluralism depends not only on the entities who own and control media, but also on the range of services available, the diversity...
Luxembourg
[LU] Protection of minors: ALIA issues a reprimand to a provider
On 10 February 2026, the Hungarian National Media and Communications Authority (NMHH) forwarded to the Luxembourg Independent Audiovisual Authority (ALIA) a complaint concerning the programme segment Aranykalitka, broadcast on 29 December 2025 by the television service Sorozatklub, which is provided by CLT-UFA S.A., a company established in Luxembourg. The programme, broadcast during prime time in the early afternoon, was classified as 12+. The complainant considered that both the broadcast time and the rating were inappropriate, citing in particular a scene depicting an interaction between...
Poland
[PL] Act on artificial intelligence systems
The Act of 3 July 2026 on artificial intelligence systems was published in the Journal of Laws on 27 July 2026. The full launch of the national system of supervision over artificial intelligence (AI) is proceeding in stages. A number of its provisions had already come into force on 28 July, however, a fundamental part of the act became applicable on 11 August 2026 and another part will come into force on 28 October 2026. The act is designed to establish a legal framework for comprehensive support of innovations in the area of AI, and to transpose the EU AI Act. The Polish act ensures...
Slovenia
[SI] Amendments to the Parliamentary Inquiry Act and impact on protection of sources
The Parliamentary Inquiry Act in Slovenia governs the mechanism allowing the National Assembly to investigate matters of public importance. The National Assembly adopted amendments to this act on 26 May 2026 via a fast-track procedure. The amendments reduce the possibilities to request a review of the constitutionality and legality of an inquiry by the Constitutional Court within 30 days of the inquiry being ordered. The purpose of the review is to establish whether an inquiry is truly justified by public interest. Previously such a request could be made by the following: at least one-third of...
Ukraine
[UA] : Amendments to the law on cinematography
On 4 June 2026, President Volodymyr Zelenskyy of Ukraine signed into law the Statute “On amendments to certain statutes of Ukraine as to the state support of cinematography in Ukraine”. It went into effect with its publication in the official daily Holos Ukrainy, No. 110 on 6 June 2026. The statute itself was adopted by the parliament (Verkhovna Rada) in December 2025 and awaited the president’s signature for an unusually long time, more than five months. As to the draft law itself, it was introduced into the Rada in October 2021. For background information on state support to...
