This issue of our TMT Bites is dedicated to “Media, entertainment and e-sports” and their relevant legal implications, and also includes significant contributions from other jurisdictions. Enjoy and stay tuned for more updates!

If you have any questions, ask our team or send an e-mail to tmtbites.italy@dentons.com.

Focus on

The upcoming Digital Services Act and the role of algorithms

The legal framework for digital services was defined by the adoption of the e-Commerce Directive in 2000. Since then, the e-Commerce Directive has been the cornerstone for regulating digital services and their liability regime in the European Union.

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The New EU Copyright Directive and the new right for press publishers 

The New Copyright Directive 2019/790 introduces a new right for press publishers with regard to the online use of their publications, pursuant to Article 15 of the Directive.

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Fake reviews: a (new) Dutch law perspective

In November 2019 the European Parliament and the Council of the European Union adopted Directive 2019/2161 regarding the better enforcement and modernization of Union consumer protection rules (Directive Modernization Consumer Protection). This directive (aims to) bring(s) consumer protection (more) in line with the digital age and to ensure a better enforcement of these rules.

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Trademarks and the non-authorized use of a person’s image

The Chilean Industrial Property Law establishes grounds for the non-registrability of a trademark application.

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eSports and US Data Privacy: A Game Worth Winning 

The business of competitive video gaming, otherwise known as eSports, is booming. With this growth comes risk. In the United States, the eSports industry faces a particularly complicated, and often overlapping patchwork of data privacy and information security laws as it relates to the personal information collected through the use of various platforms.

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Other articles of this edition

The Struggle of Indonesian Television: A Story of Living on the Edge

In mid-August 2020, amidst the surviving mode of the COVID -19 pandemic, the attention of Indonesian netizens was also focused  on a request for a Judicial Review to the Constitutional Court for the Law Number 32 of 2002 concerning Broadcasting (“Broadcasting Law”) that was filed by two private television stations that are part of the conventional media conglomeration in Indonesia, RCTI and iNews.

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Altering the broadcasting landscape – Canada’s Broadcasting Act to be amended

Long-anticipated legislation to amend the Canadian Broadcasting Act -- Bill C-10, referred to as the “Broadcast Modernization Act” -- was tabled by the Minister of Canadian Heritage in Parliament on November 3rd.

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Implementation of Audiovisual Media Directive 2018/1808 in Poland

The Ministry of Culture and National Heritage published a draft law on 7 September 2020 amending the Broadcasting Act and the Cinematography Act. The aim of the new act is to implement Audiovisual Media Directive 2018/1808 in Poland. The draft also changes the Cinematography Act by introducing new payment obligations on broadcasters with the registered office in European Union countries other than Poland.

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EU broadcasters targeting Poland expected to pay 1.5 per cent of revenues to Polish Film Institute

The Ministry of Culture and National Heritage published a draft law on 7 September 2020 amending the Broadcasting Act and the Cinematography Act. The aim of the new act is to implement Audiovisual Media Directive 2018/1808 in Poland. However, the draft also changes the Cinematography Act by introducing new payment obligations on broadcasters with the registered office in European Union countries other than Poland.

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The interpretation of the Negative List of Advertising violations—from the perspectives of recent trends in administrative law enforcement

On June 29, 2020, the Chongqing Administration for Market Regulation issued a “Negative List of Advertising Activities” (“the Negative List”) , which lists 257 types of advertising violations, covering 23 categories of commodities such as foodstuffs, pharmaceuticals, real estate, education and training, and internet finance on outdoor billboards, internet, and other forms of media.

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Online gaming and cybersecurity tips for providers

The online gaming industry is a relatively new industry but it is one of the most dynamic due to the continuous technological innovation. Global lockdowns caused by COVID-19 pandemic have boosted users’ engagement in online gaming and e-sports. Online gaming companies have highly benefited from the spread of the pandemic, especially in terms of revenues.

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Support for pubs, bars, and live music: exempt development trial for outdoor dining and 24 hour economy reforms to Liquor Act

Some welcome relief for the hospitality industry is on its way in the form of a 12 month pilot trial of outdoor dining as exempt development for pubs and bars in the City of Sydney, including fast track licensing approvals, and some long overdue reform to the Liquor Act.

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