Jurisdiction

EMFA guidance sets expectations for Big Tech media protections

The European Commission has issued implementation guidelines for Article 18 of the European Media Freedom Act (EMFA), setting out how large platforms must protect recognised media content through self-declaration mechanisms.

Article 18 has been in effect for 6 months, and the guidance is intended to translate legal duties into operational steps. The European Broadcasting Union welcomed the clarification but warned that major platforms continue to delay compliance, limiting media organisations’ ability to exercise their rights.

The Commission says self-declaration mechanisms should be easy to find and use, with prominent interface features linked to media accounts. Platforms are also encouraged to actively promote the process, make it available in all EU languages, and use standardised questionnaires to reduce friction.

The guidance also recommends allowing multiple accounts in one submission, automated acknowledgements with clear contact points, and the ability to update or withdraw declarations. The aim is to improve transparency and limit unilateral moderation decisions.

The guidelines reinforce the EMFA’s goal of rebalancing power between platforms and media organisations by curbing opaque moderation practices. The impact of EMFA will depend on enforcement and ongoing oversight to ensure platforms implement the measures in good faith.

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Dutch MPs renew push to move data off US clouds

Dutch MPs have renewed calls for companies and public services in the Netherlands to reduce reliance on US-based cloud servers. The move reflects growing concern over data security and foreign access in the Netherlands.

Research by NOS found that two-thirds of essential service providers in the Netherlands rely on at least one US cloud server. Local councils, health insurers and hospitals in the Netherlands remain heavily exposed.

Concerns intensified following a proposed sale of Solvinity, which manages the DigiD system used across the Netherlands. A sale to a US firm could place Dutch data under the US Cloud Act.

Parties including D66, VVD and CDA say critical infrastructure data in the Netherlands should be prioritised for protection. Dutch cloud providers say Europe could handle most services if procurement rules changed.

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ChatGPT begins limited ads test in the US

OpenAI has begun testing advertisements inside ChatGPT for some adult users in the US, marking a major shift for the widely used AI service.

The ads appear only on Free and Go tiers in the US, while paid plans remain ad free. OpenAI says responses are unaffected, though critics warn commercial messaging could blur boundaries over time in the US.

Ads are selected based on conversation topics and prior interactions, prompting concern among privacy advocates in the US. OpenAI says advertisers receive only aggregated data and cannot view conversations.

Industry analysts say the move reflects growing pressure to monetise costly AI infrastructure in the US. Regulators and researchers continue to debate whether advertising can coexist with trust in AI systems.

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US lawsuits target social media platforms for deliberate child engagement designs

A landmark trial has begun in Los Angeles, accusing Meta and Google’s YouTube of deliberately addicting children to their platforms.

The case is part of a wider series of lawsuits across the US seeking to hold social media companies accountable for harms to young users. TikTok and Snap settled before trial, leaving Meta and YouTube to face the allegations in court.

The first bellwether case involves a 19-year-old identified as ‘KGM’, whose claims could shape thousands of similar lawsuits. Plaintiffs allege that design features were intentionally created to maximise engagement among children, borrowing techniques from slot machines and the tobacco industry.

A trial that may see testimony from executives, including Meta CEO Mark Zuckerberg, and could last six to eight weeks.

Social media companies deny the allegations, emphasising existing safeguards and arguing that teen mental health is influenced by numerous factors, such as academic pressure, socioeconomic challenges and substance use, instead of social media alone.

Meta and YouTube maintain that they prioritise user safety and privacy while providing tools for parental oversight.

Similar trials are unfolding across the country. New Mexico is investigating allegations of sexual exploitation facilitated by Meta platforms, while Oakland will hear cases representing school districts.

More than 40 state attorneys general have filed lawsuits against Meta, with TikTok facing claims in over a dozen states. Outcomes could profoundly impact platform design, regulation and legal accountability for youth-focused digital services.

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EU telecom simplification at risk as Digital Networks Act adds extra admin

The ambitions of the EU to streamline telecom rules are facing fresh uncertainty after a Commission document indicated that the Digital Networks Act may create more administrative demands for national regulators instead of easing their workload.

The plan to simplify long-standing procedures risks becoming more complex as officials examine the impact on oversight bodies.

Concerns are growing among telecom authorities and BEREC, which may need to adjust to new reporting duties and heightened scrutiny. The additional requirements could limit regulators’ ability to respond quickly to national needs.

Policymakers hoped the new framework would reduce bureaucracy and modernise the sector. The emerging assessment now suggests that greater coordination at the EU level may introduce extra layers of compliance at a time when regulators seek clarity and flexibility.

The debate has intensified as governments push for faster network deployment and more predictable governance. The prospect of heavier administrative tasks could slow progress rather than deliver the streamlined system originally promised.

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EU faces pressure to boost action on health disinformation

A global health organisation is urging the EU to make fuller use of its digital rules to curb health disinformation as concerns grow over the impact of deepfakes on public confidence.

Warnings point to a rising risk that manipulated content could reduce vaccine uptake instead of supporting informed public debate.

Experts argue that the Digital Services Act already provides the framework needed to limit harmful misinformation, yet enforcement remains uneven. Stronger oversight could improve platforms’ ability to detect manipulated content and remove inaccurate claims that jeopardise public health.

Campaigners emphasise that deepfake technology is now accessible enough to spread false narratives rapidly. The trend threatens vaccination campaigns at a time when several member states are attempting to address declining trust in health authorities.

The EU officials continue to examine how digital regulation can reinforce public health strategies. The call for stricter enforcement highlights the pressure on Brussels to ensure that digital platforms act responsibly rather than allowing misleading material to circulate unchecked.

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AI redefines criminal justice decision making

AI is increasingly being considered for use in criminal justice systems, raising significant governance and accountability questions. Experts warn that, despite growing adoption, there are currently no clear statutory rules governing the deployment of AI in criminal proceedings, underscoring the need for safeguards, transparency, and human accountability in high-stakes decisions.

Within this context, AI is being framed primarily as a support tool rather than a decision maker. Government advisers argue that AI could assist judges, police, and justice officials by structuring data, drafting reports, and supporting risk assessments, while final decisions on sentencing and release remain firmly in human hands.

However, concerns persist about the reliability of AI systems in legal settings. The risk of inaccuracies, or so-called hallucinations, in which systems generate incorrect or fabricated information, is particularly problematic when AI outputs could influence judicial outcomes or public safety.

The debate is closely linked to wider sentencing reforms aimed at reducing prison populations. Proposals include phasing out short custodial sentences, expanding alternatives such as community service and electronic monitoring, and increasing the relevance of AI-supported risk assessments.

At the same time, AI tools are already being used in parts of the justice system for predictive analytics, case management, and legal research, often with limited oversight. This gap between practice and regulation has intensified calls for clearer standards and disclosure requirements.

Proponents also highlight potential efficiency gains. AI could help ease administrative burdens on courts and police by automating routine tasks and analysing large volumes of data, freeing professionals to focus on judgment and oversight.

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How early internet choices shaped today’s AI

Two decisions taken on the same day in February 1996 continue to shape how the internet, and now AI, is governed today. That is the central argument of Jovan Kurbalija’s blog ‘Thirty years of Original Sin of digital and AI governance,’ which traces how early legal and ideological choices created a lasting gap between technological power and public accountability.

The first moment unfolded in Davos, where John Perry Barlow published his Declaration of the Independence of Cyberspace, portraying the internet as a realm beyond the reach of governments and existing laws. According to Kurbalija, this vision helped popularise the idea that digital space was fundamentally separate from the physical world, a powerful narrative that encouraged the belief that technology should evolve faster than, and largely outside of, politics and law.

In reality, the blog argues, there is no such thing as a stateless cyberspace. Every online action relies on physical infrastructure, data centres, and networks that exist within national jurisdictions. Treating the internet as a lawless domain, Kurbalija suggests, was less a triumph of freedom than a misconception that sidelined long-standing legal and ethical traditions.

The second event happened the same day in Washington, D.C., when the United States enacted the Communications Decency Act. Hidden within it was Section 230, a provision that granted internet platforms broad immunity from liability for the content they host. While originally designed to protect a young industry, this legal shield remains in place even as technology companies have grown into trillion-dollar corporations.

Kurbalija notes that the myth of a separate cyberspace and the legal immunity of platforms reinforced each other. The idea of a ‘new world’ helped justify why old legal principles should not apply, despite early warnings, including from US judge Frank Easterbrook, that existing laws were sufficient to regulate new technologies by focusing on human relationships rather than technical tools.

Today, this unresolved legacy has expanded into the realm of AI. AI companies, the blog argues, benefit from the same logic of non-liability, even as their systems can amplify harm at a scale comparable to, or even greater than, that of other heavily regulated industries.

Kurbalija concludes that addressing AI’s societal impact requires ending this era of legal exceptionalism and restoring a basic principle that those who create, deploy, and profit from technology must also be accountable for its consequences.

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EU strengthens cyber defence after attack on Commission mobile systems

A cyber-attack targeting the European Commission’s central mobile infrastructure was identified on 30 January, raising concerns that staff names and mobile numbers may have been accessed.

The Commission isolated the affected system within nine hours instead of allowing the breach to escalate, and no mobile device compromise was detected.

Also, the Commission plans a full review of the incident to reinforce the resilience of internal systems.

Officials argue that Europe faces daily cyber and hybrid threats targeting essential services and democratic institutions, underscoring the need for stronger defensive capabilities across all levels of the EU administration.

CERT-EU continues to provide constant threat monitoring, automated alerts and rapid responses to vulnerabilities, guided by the Interinstitutional Cybersecurity Board.

These efforts support the broader legislative push to strengthen cybersecurity, including the Cybersecurity Act 2.0, which introduces a Trusted ICT Supply Chain to reduce reliance on high-risk providers.

Recent measures are complemented by the NIS2 Directive, which sets a unified legal framework for cybersecurity across 18 critical sectors, and the Cyber Solidarity Act, which enhances operational cooperation through the European Cyber Shield and the Cyber Emergency Mechanism.

Together, they aim to ensure collective readiness against large-scale cyber threats.

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Czechia weighs under-15 social media ban as government debate intensifies

A ban on social media use for under-15s is being weighed in Czechia, with government officials suggesting the measure could be introduced before the end of the year.

Prime Minister Andrej Babiš has voiced strong support and argues that experts point to potential harm linked to early social media exposure.

France recently enacted an under-15 restriction, and a growing number of European countries are exploring similar limits rather than relying solely on parental guidance.

The discussion is part of a broader debate about children’s digital habits, with Czech officials also considering a ban on mobile phones in schools. Slovakia has already adopted comparable rules, giving Czech ministers another model to study as they work on their own proposals.

Not all political voices agree on the direction of travel. Some warn that strict limits could undermine privacy rights or diminish online anonymity, while others argue that educational initiatives would be more effective than outright prohibition.

UNICEF has cautioned that removing access entirely may harm children who rely on online platforms for learning or social connection instead of traditional offline networks.

Implementing a nationwide age restriction poses practical and political challenges. The government of Czechia heavily uses social media to reach citizens, complicating attempts to restrict access for younger users.

Age verification, fair oversight and consistent enforcement remain open questions as ministers continue consultations with experts and service providers.

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