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The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A
Also, it will address how sports events´ owners and producers are dealing with “active” fans who want to choose what, when and how to watch and how much the new players - Facebook, Amazon, Netflix, Google, Tik Tok, Kwai and other digital media – are willing to pay for sports content and how will their payback be.
IBA Annual Conference Miami 2022
Dec 11, 2020
In early October, tech giant Google announced it had set aside over $1bn to pay media outlets to display curated content on its news apps, initially as part of a three-year programme. Google will pay publishers it chooses on a market-by-market basis to provide blurbs for the company’s Google News Showcase app (‘Showcase’) and to give readers free access to certain paywalled articles.
Second, many jurisdictions have moved to force digital platforms like Google and Facebook to compensate news organisations for the use of their content.
IBA Annual Conference Miami 2022
Jun 10, 2020
As a third of the world’s population is currently ‘unbanked’, tech companies race to establish an online payment system that’s fit for purpose. Global Insight considers Facebook’s stablecoin project, Libra, and whether regulatory barriers might tip the balance in favour of international competitors.
This topic explores the growing legal complexities surrounding the prosecution of owners and issuers of encrypted chat messenger services, with a focus on recent high-profile cases, such a EncroChat and Telegram. It will examine the balance between privacy, security and law enforcement, and discuss the implications of these prosecutions for service providers, users and regulatory frameworks.
27th Annual Transnational Crime Conference
Nov 24, 2021
Global Insight explores the complex relationship between the tech giant’s services, its users and the concept of online harm.
Marilu Capparelli is one of the managing directors of the EMEA Google Legal Department, she leads an international team of lawyers located in different countries and is also leading a copyright litigation strategy area in EU. Marilu is an Italian qualified lawyer with experience in major international law firms, at the Court of Justice of the European Union and as an in-house counsel. Before joining Google, she was Head of Legal and Government Affairs at eBay Inc, Skype and Paypal.
Annual IBA Employment and Diversity Law Conference 2024
Sep 23, 2020
IBA Global Insight Oct/Nov 2020: The tech giant has responded to criticism that it spreads fake news and misinformation by appointing the great and the good to its Oversight Board. Global Insight assesses the implications and chances of success.
Let’s say a client, a lawyer or a law firm has been defamed on Twitter, Facebook, or Instagram by a government official. Or by a former customer or client.
IBA Annual Litigation Forum: Litigation in the digital era - challenges and opportunities
May 11, 2018
Following Donald Trump’s shock victory in the 2016 US election, Russian interference has become a major focus. Special counsel Robert Mueller has already indicted 13 Russian nationals and three Russian entities for allegedly meddling in the election
How do AWS, Google, and Microsoft deal with issues like choice of law and forum, liability, service levels, termination, and more?
IBA Annual Conference Miami 2022
Mar 29, 2023
Facebook’s parent company Meta has been requested by the Italian tax authorities to pay EUR 870 million (USD 925 million) in unpaid VAT sales tax from 2015 to 2021. Based on information provided by an Italian newspaper, the Italian tax authorities seem to be arguing that Facebook membership is granted upon a consideration in kind.
IBA Annual Conference Paris 2023
Jun 12, 2024
The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.
In 2020 Helle was appointed Co-Chair of The Oversight Board created to help Facebook answer some of the most difficult questions around freedom of expression online; as well as Chairman for the Danish Football Union’s Governance Committee.
IBA Annual Conference Paris 2023
Feb 17, 2023
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
Sep 27, 2023
The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.
Apr 22, 2022
This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.
May 22, 2025
The International Bar Association (IBA) Legal Policy & Research Unit (LPRU) has released the latest instalment of its Inspirational Legal Women podcast series, featuring Imbi Jürgen, the Vice-President of the Council of Bars and Law Societies of Europe (CCBE) and…
President Xi’s China is now a major player at the United Nations, supporting peacekeeping operations and emphasising global cooperation to protect human rights. But there are fears that China’s more active role could erode multilateral intervention and even lead to the demise of international human rights laws.
May 24, 2021
The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.
The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.
May 20, 2025
An insightful discussion with Imbi Jürgen
Twitter announced in late October it was banning all political advertising, saying the reach of such messages ‘should be earned, not bought’. Google too has opted to disallow political advertisers from targeting voters based on their affiliation and to tighten its ban on ‘demonstrably false claims’.
Facebook meanwhile is facing increasingly fierce criticism for refusing to follow suit, particularly given the UK’s upcoming general election on 12 December.
Dec 15, 2020
This session examines what has led to a crisis in attorney wellbeing and launches the IBA Presidential Taskforce, which aims to help tackle the root causes. During the session, Steven Richman of Clark Hill, Deborah Enix-Ross of Debevoise & Plimpton and Sara Carnegie, Director of the IBA Legal Policy and Research Unit, posed the questions explored by the panel.
Feb 04, 2021
The US Department of Justice has launched an antitrust suit against Google, alleging the tech giant used its size to unlawfully maintain its position in online search and advertising. Global Insight assesses the action in the context of previous cases.
Jan 12, 2024
On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.
May 14, 2020
When Roya TV in Jordan aired a report highlighting the concerns of workers over the economic impact of the country’s Covid-19 curfew, the channel was expecting peak viewership as the public stayed home. But, just hours later, two of its top executives were arrested, part of an emerging trend across the Middle East whereby those questioning the official response to the pandemic are penalized and, on occasion, thrown behind bars.
Apr 23, 2025
Arriving in Budapest, I was excited to join my first IBA European Regional Forum (ERF) retreat as a council member. Bringing together over 50 officers, council members and Advisory Board members, this was a great (and slightly daunting!) opportunity to immerse myself in the ERF and find out more about their current and upcoming projects.
Sep 26, 2023
The commitment of the European Commission (the ‘Commission’) to create a European space for all digital communications has resulted in a proliferation of legislation (actual and proposed) designed to deal with the many different issues raised by digital communications and services. The governance and enforcement provisions of each of these different pieces of legislation have produced a complex matrix of European Union (‘EU’) institutional arrangements, which reflects both the desire to achieve harmonised conditions of operation across the EU, while at the same time seeking to accommodate the desires of 27 Member States to retain some level of sovereignty over subject-matter as technical and as diverse as that presented in the digital environment. The structuring of the relationships between Commission and Member State bodies or expert bodies, the ‘give and take’ between the institutional actors and the level of legal certainty that can be generated by such multi-player decision-making is likely to pose meaningful logistical and procedural challenges as the different elements of the Commission’s Digital Agenda package come into effect. To better understand the nature of those challenges, we analyse below the governance structures used in the key pillars of the Commission’s Digital Agenda and we seek to draw some preliminary conclusions on the effectiveness of those structures in delivering coherent enforcement on a pan-European level.
Aug 13, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) condemns the detention and use of force against peaceful protesters and journalists in the Republic of Belarus, following the announcement of the initial results of the presidential elections on 9 August 2020. According to the Central Election Commission of Belarus, the elections results indicate that incumbent President Alexander Lukashenko won with 80.23 per cent of votes. Several organisations, including…
Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.
Mar 29, 2021
Journalism has been reshaped and – in the eyes of some – imperilled by the power of the tech giants in today’s world. Global Insight assesses how journalism can continue to perform its vital role in society as publishers, lawmakers, tech companies and regulators seek to mould its future.
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