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Jane Pinho

Jane Pinho is a partner in Covington’s Digital Media group in London. She works with media industry leaders with global operations, including streaming services, video games and interactive entertainment companies, and social media platforms. She has particular experience advising in relation to the creation, acquisition, and distribution of digital content in the UK and Europe and in relation to the multi-territory launch, expansion, monetization and marketing of digital media products and services. She handles both transactional and regulatory compliance matters.

Jane is a co-chair of the firm’s Entertainment and Media Industry Group.

On 20 February, 2024, the Governments of the UK and Australia co-signed the UK-Australia Online Safety and Security Memorandum of Understanding (“MoU”). The MoU seeks to serve as a framework for the two countries to jointly deliver concrete and coordinated online safety and security policy initiatives and outcomes to support their citizens, businesses and economies.

The MoU comes shortly after the UK Information Commissioner’s Office (“ICO”) introduced its guidance on content moderation and data protection (see our previous blog here) to complement the UK’s Online Safety Act 2023, and the commencement of the Australian online safety codes, which complement the Australian Online Safety Act 2021.

The scope of the MoU is broad, covering a range of policy areas, including: harmful online behaviour; age assurance; safety by design; online platforms; child safety; technology-facilitated gender-based violence; safety technology; online media and digital literacy; user privacy and freedom of expression; online child sexual exploitation and abuse; terrorist and violent extremist content; lawful access to data; encryption; misinformation and disinformation; and the impact of new, emerging and rapidly evolving technologies such as artificial intelligence (“AI”).Continue Reading UK and Australia Agree Enhanced Cross-Border Cooperation in Online Safety and Security

On October 3, 2023, an overwhelming majority of the European Parliament (“Parliament”) adopted its position on the EU Media Freedom Act (the “Act”), introducing a number of amendments to the text of the Act as proposed by the European Commission (the “Commission”).

The Commission’s proposal for a Regulation establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU, published on September 16, 2022, aims, inter alia, to safeguard media independence and promote media pluralism across the EU, in addition to establishing specific requirements for Very Large Online Platforms (“VLOPs”) as defined under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (the Digital Services Act).

This blog post summarizes some of the key developments resulting from Parliament’s proposed amendments in relation to: (i) requirements for VLOPs when removing content of media service providers from their platforms (Article 17); and (ii) the rights of media service providers (Article 4).

Takedown obligations for VLOPs (Article 17)

Building on the Commission’s original proposal, the position adopted by Parliament, if enacted into law, would impose a number of obligations on VLOPs when taking down content found to be in violation of the platform’s own terms and conditions. As a general rule, VLOPs will need to ensure that their content moderation systems do not negatively impact media freedom and pluralism. More specifically, VLOPs must:Continue Reading European Parliament Adopts its Position on the EU Media Freedom Act

On 29 March 2023, the UK’s Department for Culture, Media and Sport (“DCMS”) published the draft Media Bill (the “Bill”), which will deliver on a number of legislative reforms set out in the Government’s White Paper entitled “Up Next; the Government’s vision for the broadcasting sector”, published in April 2022.

Continue Reading Evolving Regulatory Landscape for VoD Providers: UK Government Publishes Draft Media Bill