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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.

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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).Continue Reading European Parliament Adopts its Position on the EU Media Freedom Act

On October 17, 2023, the European Commission adopted a proposal to review the Alternative Dispute Resolution (“ADR”) framework.  The review consists of: (i) a proposal to amend the ADR Directive; (ii) a proposal to repeal the Online Dispute Resolution (“ODR”) Regulation; and (iii) a recommendation addressed to online marketplace and EU trade associations. Continue Reading European Commission Proposes Alternative Dispute Resolution Framework Review

On July 18, 2023, the Association for UK Interactive Entertainment (“UKIE”), the trade body for the UK video games industry, published new industry principles and guidance surrounding paid loot boxes (the “Principles”) for application in the UK.

The Principles were recommended by the Technical Working Group on Loot Boxes (“TWG”), a panel of games companies, platforms, government departments and regulatory bodies, which was convened by the UK Government in order to mitigate the risk of harms for children as a result of loot boxes in video games.  Each member of the TWG has committed to comply with the Principles moving forward.Continue Reading UKIE Publishes Industry Principles on Paid Loot Boxes

The UK Government has announced plans to introduce new rules on online advertising for online platforms, intermediaries, and publishers.  The aim is to prevent illegal advertising and to introduce additional protections against harmful online ads for under-18s.  Full details are set out in its recently published response (“Response”) to the Department for Culture, Media & Sport’s 2022 Online Advertising Programme Consultation (“Consultation”). 

The new rules would sit alongside the proposed UK Online Safety Bill (“OSB”), which addresses rules on user-generated content (see our previous blog here).  Since the EU’s Digital Services Act (which starts to apply from February 2024, see our previous blog here) will not apply in the UK following Brexit, the OSB and any new rules following this Response, form the UK’s approach to regulating these matters, as distinct from the EU.Continue Reading Further Regulation of Illegal Advertising: UK Government Publishes Response to its Online Advertising Programme Consultation

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.

The Bill forms part of the UK Government’s wider efforts to ensure the regulation of TV and radio evolves in line with changing technology.

The proposed legislative package, which is distilled into six parts, includes significant developments in the regulation of video-on-demand (“VoD”) service providers.Continue Reading Evolving Regulatory Landscape for VoD Providers: UK Government Publishes Draft Media Bill

The UK government has published a Proposed Code of Practice for Security in Consumer IoT Products and Associated Services promoting a “secure by design” approach to designing, manufacturing and delivering internet-connected products and services. The Proposed Code forms part of the government’s National Cyber Security Strategy (2016-2021) and complements the government’s focus on making the UK a center of excellence for technological innovation through, amongst other things, its IoT UK Programme, funding research and innovation in IoT. While the Code was developed in consultation with industry, the UK government intends to make some of the guidelines enforceable through regulation. The government is seeking public comment on the Proposed Code through April 25.

The rapid proliferation of internet-connected products and services is providing exciting opportunities for business innovation and economic growth. However, it also brings concerns for governments and consumers about the potential cybersecurity risks. The UK government therefore is taking a close look at IoT devices and their associated security risks, including microphones or cameras recording individuals within their homes, compromised connected home-heating or appliances threatening physical safety, and hacked access control systems allowing burglars easy access to your home. It is against this backdrop that the government is encouraging industry to assist in combatting cybersecurity threats through the design and support of products and services.
Continue Reading Covington Internet of Things Update: “Secure by Design” – UK Government’s Proposed Code of Practice