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IRIS 2022-4:1/22 [IT] Implementation of a high-speed reporting channel for revenge porn victims

Legislative Decree No. 196/2003 (“Italian Data Protection Code”) has been recently amended. Specifically, Law Decree No. 139/2021 (as enacted and amended by Law No. 205/2021) introduced Section 144-bis, which provides a high-speed reporting system for revenge porn victims. Under Section 144-bis, part 1 of the Italian Data Protection Code, anyone, including minors over 14 years old, who has a well-founded reason to believe that audio recordings, images, videos or other IT documents with sexually explicit content concerning them, and intended to remain private, might be sent, delivered,...

IRIS 2022-1:1/10 [NL] Judgment on use hidden-camera footage in investigative programme

On 12 November 2021, the Rechtbank Amsterdam (District Court of Amsterdam – the Court) issued an important judgment on the broadcast of hidden-camera footage used during an investigative programme. The Court also laid down important principles on when a broadcast may be prohibited before it is broadcast. The case involved the well-known Dutch television programme Undercover in Nederland, which is produced by Noordkaap TV productions, and broadcast by the commercial Dutch broadcaster SBS6. At issue was an upcoming broadcast of the programme, which was to feature reports of serious irregularities...

IRIS 2022-1:1/20 [BG] Supreme Court of Cassation's decision on the right to refuse filming by journalists in the context of right to privacy

In a recent decision, Върховен касационен съд (the Supreme Court of Cassation/ the Supreme Court) ruled on the boundaries between journalists’ freedom, objectivity and dissemination of information, and the right of individuals not to be filmed without their consent.  The case was formed following a claim for compensation for non-pecuniary/moral damages brought by an individual against one of the national broadcasters which owns several TV channels, websites, etc.  The reason for the claim was video material, broadcast on one of the national television channels, in which the...

IRIS 2021-10:1/11 European Parliament: Resolution on European Media and Audiovisual Plan

On 20 October 2021, the European Parliament adopted a resolution on Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation. The Action Plan (see IRIS 2021-2/3) focuses on three areas of activity and 10 concrete actions, with the overall aim of helping the media sector recover from the crisis. This will be achieved by facilitating and broadening access to financial support, transforming by stimulating investments to embrace the twin digital and green transitions, while ensuring the sector's future resilience, and empowering European citizens and companies. In...

IRIS 2021-10:1/23 [LT] The Supreme Administrative Court sets guidelines for publishing personal information on popular top richest listings

This case relates to a popular article published annually about the richest people in Lithuania. The article discusses the people included in the list, identifies their possible wealth, and analyses their dynamic through the years. The article in this case identified the richest woman in Lithuania – Ms. A – who had complained to the Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalist Ethics — the Defendant) about a breach of the Visuomenės informavimo įstatymas (Law on the Provision of Information to the Public — the Law) and the General Data...