Harmful content on video-sharing platforms and country of destination: first implementation of the new Italian regulation

Following the transposition of the Audiovisual Media Services Directive*, the Italian convergent regulator Agcom has adopted new regulatory provisions establishing rules aimed at protecting minors and consumers from harmful content disseminated on video-sharing platforms (VSP) (See Resolution No. 298/23/CONS of November 22, 2023).

The regulation, which came into effect on 8 January 2024, introduces new procedures allowing the Italian regulator to order VSPs to remove harmful content targeting the Italian public, even if they are established in another Member State.

Agcom initiated the first measure under this new regulation against the video-sharing platform "TikTok" for the dissemination of some videos related to a so-called "French scar" challenge. The identified videos involve challenges among young participants intentionally causing bruises and creating red marks by squeezing the skin of their cheeks around the cheekbones. The purpose of this practice is to pretend to be involved in a physical altercation and appear courageous.

TikTok proceeded with the removal of the aforementioned videos within the timeframe established by the regulation.

• For more details on the new regulation, see the Iris Newsletter from the European Audiovisual Observatory. 

*Transposed by the legislative decree n°208 which entered into force in December 2021

Source: Agcom