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IRIS 2019-10:1/8 [CZ] Constitutional Court rejection on data retention

A group of 58 deputies sought the annulment of certain provisions of the Electronic Communications Act, the Criminal Procedure Act and the Police Act before the Constitutional Court. The proposal challenged certain provisions of the legislation on the preventive storage of traffic and location data in electronic communications with telecommunications service providers (hereinafter referred to as “data retention”) and the possibility of their subsequent provision to law enforcement services, secret services and the police. The contested legislation requires obligated entities (providers of electronic...

IRIS 2019-9:1/8 [CZ] Broadcasting Council fined unfair commercial practice

The Council for Radio and Television Broadcasting – as the central administrative authority within the the field of its activities, as specified by § 7 (a). a) of Act No. 40/1995 Coll., on the regulation of advertising and amending and by supplementing Act No. 468/1991 Coll., on the operation of radio and television broadcasting – has issued a fine for unfair commercial practice. The company on which the fine was imposed – Wise Women, Ltd., ID 04937961, with its registered office in Prague – was found to have committed an offence under the provisions of Article 2, para. b) of Act No. 40/1995 Coll....

IRIS 2019-7:1/6 [CZ] Broadcasting Council issues bias fine

On 30 April 2019, the Council for Radio and Television Broadcasting decided that the television broadcasting operator Barrandov Televizní Studio was guilty of committing an offence by broadcasting the Moje zprávy (My News) programme on 20 November 2018 at 8.05 p.m. on Barrandov TV. Part of the reportage Ryba smrdí od hlavy (The Fish Stinks from the Head) included allegations of problematic orders that were presented as facts, with stakeholders and those against whom the allegations were made not being able to comment on the alleged facts, and of the case being presented unilaterally without including...

IRIS 2019-1:1/11 [CZ] The Supreme Administrative Court upheld the fine

On 17 September 2013, the Broadcasting Council of the Czech Republic issued decision no. 4143/2013 (pursuant to Section 8a (2) (g) and 8a (6) b) of Act no. 40/1995 Coll., on advertising regulation), establishing setting a fine of CZK 250000 (EUR 10000) for a breach of one of the rules laid down in section 5d (2) b) of the said law. The defendant, Biopol, broadcast a commercial during the teleshopping programme "Sunday Recipient Extra" on 11 November 2012 on the Prima television channel advertising the possible preventive and curative effect of a diet supplement (manufactured by Biopol), Barny's...

IRIS 2019-1:1/6 European Commission: Infringement proceedings concerning the transposition of the directive on the use of copyrighted printed material for blind and visually impaired people

On 26 November 2018, the EU Commission initiated proceedings for infringement of the Treaty on the Functioning of the European Union against 17 member states for non-compliance with the Directive requiring the transposition into national law of the Marrakesh Treaty (Directive (EU) 2017/1564) (see IRIS 2017-9/4 and IRIS 2016-9/4). The Marrakesh Treaty is a WIPO-administered convention that was signed on 27 June 2013 and entered into force on 30 September 2016, after the first 20 ratifications. The Treaty facilitates access to print works in formats adapted for persons who are blind, visually impaired...