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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: Internet

Posted in Internet Deanna WongEugene LowMark ParsonsSherry Gong

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft, and Continue Reading

Posted in e-commerce, Internet Christine GateauWinston MaxwellPauline Faron

French Digital Bill: what obligations are imposed on platforms?

In our previous update, which can be found here, on the French bill “for a Digital Republic” (“Digital Bill”), we discussed the vague notion of platforms.

Here is what you should know about the obligations which are likely to be imposed on platforms.

Loyalty obligation

First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading

Posted in e-commerce, Internet Christine GateauPauline Faron

French Digital Bill: To be or not to be a platform?

After several months of public consultations, several versions of intermediate texts, the long-awaited bill “for a Digital Republic” (“Digital Bill”) was finally transmitted to the Council of Ministers last 9 December 2015 and officially presented to the French National Assembly.

An amended version of the Digital Bill was then adopted by the National Assembly in first reading on 26 January … Continue Reading

Posted in Entertainment & Content, Internet, Policy & Regulation Alexander MaltasTom Peters

India Decision on Zero Rating Highlights Uncertainty Across Borders Regarding Zero-rating Mobile Data Services

A recent decision by India’s telecom regulator to prohibit differential charges for Internet content – which effectively blocked Facebook from offering its Free Basics service in the country – highlights how regulators around the globe continue to work through whether and how “zero-rating” data services may be permissible under their country’s net neutrality framework.  Zero-rating services allow consumers to access … Continue Reading

Posted in Internet, Telecoms & Broadband Sherry GongAndrew McGinty

China gives the Telecommunications Catalogue a thirteen year face lift – but does it really capture all the new technologies?

On 28 December 2015, the Ministry of Industry and Information Technology (“MIIT”), China’s telecoms and Internet regulator, issued the revised Classification Catalogue of Telecommunications Businesses (2015 Edition) (the “2015 Catalogue“).  The long-awaited 2015 Catalogue will come into effect on 1 March 2016.  A draft which included some of the main changes to the 2015 Catalogue was … Continue Reading

Posted in Advertising, Internet Adrian EmchZhen FengEugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.

In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading

Posted in Broadcasting, Internet, Telecoms & Broadband Logan BreedMeghan Edwards Ford Rissmiller

US antitrust lessons from the proposed Comcast/TWC merger

Comcast’s failed acquisition of Time Warner Cable (“TWC”) presents a lesson in the types of antitrust harms that merger enforcers in the United States are willing to pursue.

Using traditional “horizontal” merger analysis, the combination would have resulted in almost no reduction of head-to-head competition, as there were very few geographic areas in which the two companies were head-to-head rivals.  … Continue Reading

Posted in Advertising, e-commerce, Internet Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus.

The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the Continue Reading

Posted in Entertainment & Content, Internet Marco Berliri

The Court of Rome rules on Wikimedia Foundation’s role as a hosting provider and its lack of liability for Wikipedia’s content

On July 10, 2015 the Court of Rome issued a very important decision in favor of Wikimedia Foundation (the organization managing the online encyclopedia Wikipedia), represented by Hogan Lovells, in relation to the Foundation’s lack of liability for the content created by its users.

The Court has confirmed the Foundation’s role as hosting provider as well as its neutral role … Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 3

In this post (the last in this series), we focus on the initiatives introduced under the third pillar of the European Commission’s Digital Single Market Strategy: Maximising the growth potential of the European Digital Economy

The third pillar is built around the recognition of the pervasive nature of digital technology, and that soon all industry sectors will be digitised … Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 2

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars which lay the groundwork for Europe’s digital future.

In this post (the third in a series following our overview last week), we focus on the initiatives introduced under the second pillar: Creating Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

Europe’s Digital Single Market Strategy – a focus on Pillar 1

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars which lay the groundwork for Europe’s digital future.

Following our overview last week, in this post we focus on the initiatives introduced under the first pillar: Better access for consumers and businesses Continue Reading

Posted in Broadcasting, Copyright, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Internet, Policy & Regulation, Telecoms & Broadband Mark TaylorAlexandra Grundy

European Commission publishes its Digital Single Market Strategy for Europe

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars (based upon key areas for action identified by the Commission earlier this year) which lay the groundwork for Europe’s digital future. The three pillars are:

  1. 1.  Better access for consumers and businesses
Continue Reading
Posted in Internet, Telecoms & Broadband Jun WeiSherry GongAndrew McGintyNolan Shaw

Suppressing terrorism or stifling deployment of (foreign) technology? China’s draft Anti-Terrorism Law troubles foreign technology providers

The National People’s Congress (“NPC“) of the People’s Republic of China (“China” or “PRC“) issued a draft Anti-Terrorism Law (the “Draft Law“) for public comment on 3 November 2014. As of the end of February 2015, the Draft Law had moved into its second draft but the revised draft is not yet … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case

A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China.

According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just … Continue Reading

Posted in Data Protection & Privacy, e-commerce, Internet, Policy & Regulation, Spectrum, Telecoms & Broadband Mark TaylorAlexandra Grundy

European Commission agrees areas for action on Juncker’s Digital Single Market Strategy

On 25 March 2015, the European Commission set out the three main areas it will focus on in developing its Digital Single Market Strategy, which is due to be published in May. These are:

  1. Better access for consumers and businesses to digital goods and services. This includes:
  • Facilitating cross-border e-commerce, especially for SMEs, with harmonised consumer and contract rules
Continue Reading
Posted in Internet, Policy & Regulation

Hogan Lovells Global Payments Newsletter l March 2015

Hogan Lovells has recently published the March edition of its Global Payments Newsletter with the latest updates on payment technology and policy developments from around the world. Notable items in the March edition include:

  1. Google’s announcement of the Android Pay mobile payments system, to allow integration of mobile payments into apps;
  2. Orange and Ecobank’s partnership in Africa allowing customers to
Continue Reading
Posted in Internet, Policy & Regulation, Telecoms & Broadband

U.S. FCC Chairman Announces Title II Net Neutrality Proposal

Coming hot on the heels of an op-ed in Wired Magazine and a more detailed U.S. FCC-released “Fact Sheet,” FCC Chairman Tom Wheeler has proposed Open Internet “net neutrality” rules to the other FCC Commissioners and scheduled a vote on the rules for the FCC’s Open Meeting on February 26, 2015. As discussed below, these rules would … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston Maxwell

Net neutrality: French regulator publishes Internet QoS measurements

The French regulatory authority for electronic communications, ARCEP, published its first Internet quality of service (QoS) measurements for net neutrality purposes.  The quality of service measurements are intended to make poor ISP performance more visible to consumers, regulators and upstream content providers. France, like most other countries in Europe, allows Internet access providers flexibility to shape traffic and offer managed Continue Reading

Posted in Broadcasting, Internet, Policy & Regulation Winston Maxwell

French broadcasting authority proposes to regulate Internet content

France’s broadcasting regulatory authority, the CSA, published in its April 14, 2014 annual report the details of a legislative proposal that would allow the CSA to claim jurisdiction over a broad swath of Internet content called “digital audiovisual services.”  This new category of services would be subject to several of the most fundamental principles of French audiovisual law, such as Continue Reading

Posted in Copyright, e-commerce, Entertainment & Content, Internet Penny Thornton

CJEU rules on site-blocking orders in UPC Telekabel v Constantin Film

According to the CJEU ruling handed down today in the case of UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft, internet service providers (“ISPs”) can be ordered to block access by customers to websites making available infringing content. Such blocking orders do not need to specify the measures that must be taken by the ISP however … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston Maxwell

French court says peering link not “essential facility”

Cogent accused major European telecom operators of violating antitrust rules in their Internet peering and transit practices.  The European Commission is investigating, and launched dawn raids this summer.  Meanwhile, Cogent suffered a legal setback in France. On December 19, 2013, the Paris Court of Appeals denied Cogent’s antitrust claims against France Telecom.

In 2012, Cogent sued France Télécom before the … Continue Reading

Posted in Data Protection & Privacy, Internet

China to Strengthen Protection of Online Private Information

On 28 December 2012, the Standing Committee of the National People’s Congress of China issued the Decision on Strengthening Protection of Online Information (the “Decision“), effective as of its issue date.

The purpose of the Decision is to protect online personal information, online privacy as well as the public interest.  Our Beijing office has provided a summary of … Continue Reading