Recent Rulings from the CJEU Impacting Audiovisual Media Services

This presentation analyses the most notable CJEU judgments delivered from June 2021 until June 2022 impacting AVMS and the media (e.g. joined cases 682/18 and 683/18 YouTube and Cyando dealing with copyright, C-302/20 MrA versus AMF on investigative journalism, C-371/20 Peek & Cloppenburg on the use of editorial content in the media to promote a product, C-645/19 Facebook Ireland Limited and Others dealing with GDPR). It also offers a quick overview of rulings adopted by the European Court of Human Rights on media pluralism and freedom of expression.

Mark D. Cole

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Question 1 of 3

Question 1: Is it compatible with the GDPR for competitors and associations to take action under national competition law against a company that breaches data protection rules where the data processing concerned is liable to affect the rights that identified or identifiable natural persons derive from that regulation?

Yes.

No.

Question 2 of 3

Question 2: Do users sharing protected works in peer-to-peer networks carry out acts of communication to the public?

Yes.

No.

Question 3 of 3

Question 3: Is a journalist’s civil liability for not de-indexing information published on the Internet (right to be forgotten) compatible with Art. 10 ECHR?

Yes.

No.

Recent Rulings from the CJEU Impacting Audiovisual Media Services

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Question 1 of 3

Question 2 of 3

Question 2: Do users sharing protected works in peer-to-peer networks carry out acts of communication to the public?

Question 3 of 3

Question 3: Is a journalist’s civil liability for not de-indexing information published on the Internet (right to be forgotten) compatible with Art. 10 ECHR?

Summary

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