Search results : 234
Refine your searchIRIS 2016-7:1/7 [BE] Court of Cassation extends the right to be forgotten to online newspaper archives | |
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On 29 April 2016, the Court of Cassation rejected the appeal against a judgment of the Court of Appeal of Liège (25 September 2014) which found that a doctor could request the anonymisation of an article in the online archive of a newspaper. The article concerned a fatal car accident which the doctor had caused 20 years ago while inebriated (for a Dutch case on online news archives, see IRIS 2015-6/27). The Court of Cassation confirmed the reasoning that the “digital” right to be forgotten (le droit à l’oubli numérique) is an intrinsic component of the right to privacy. In its assessment of the... |
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IRIS 2016-2:1/4 [BE] New guidelines on the portrayal of minors in the media | |
The Code of Journalistic Ethics, drafted by the Flemish Council of Journalism, contains 27 articles. Particular articles are accompanied by a guideline which provides more information on the way a certain principle must be interpreted and implemented by the press. In December 2015, a new guideline was adopted to clarify Article 15, which states that journalists must use certain methods to gather or process information, photos, images and documents, and that journalists must not abuse their capacity, especially vis-à-vis vulnerable individuals such as minors, and victims of crime, disasters or accidents... |
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IRIS 2016-1:1/4 Court of Justice of the European Union: Hewlett-Packard Belgium v. Reprobel | |
On 12 November 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in Hewlett-Packard Belgium v. Reprobel, which was a preliminary ruling on the interpretation of “fair compensation” under Articles 5(2)(a) and 5(2)(b) of Directive 2001/29/EU (the “InfoSoc Directive”). The case arose in Belgium, when a collective rights management organisation, Reprobel, requested that Hewlett-Packard pay a EUR 49.20 levy for every “multifunction printer” it sold. The dispute reached the Brussels Court of Appeal (Cour d’appel de Bruxelles), which referred a number of question to the CJEU. Article... |
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IRIS 2015-7:1/4 [BE] Public Broadcaster fined for violations of product placement rules | |
The Flemish public broadcaster did not respect the conditions required to include product placement in television programmes, according to the Flemish Media Regulator. These conditions are laid down in the Flemish Media Decree, which contains a specific subsection on product placement (Productplaatsing, Articles 98 to 101). According to Article 100, paragraph 1 of this decree, programmes which contain product placement must adhere to the following requirements: 1) the content of the programme must not be influenced to such an extent as to affect the editorial independence of the broadcaster, 2)... |
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IRIS 2015-6:1/7 [BE] Five broadcasters warned for non-compliance with rules on commercial communication on sugary confectionery | |
In February and March 2015, the Flemish Media Regulator issued five decisions with regard to infringements of Article 69 of the Flemish Media Decree. This article requires that commercial communication for sugary confectionary shows an image of a toothbrush in a clear and contrasting manner during the full length of the commercial message, at one tenth of the height of the television picture. This requirement is not imposed by the Audiovisual Media Services Directive, but is a stricter provision adopted by the Flemish legislator. Following the monitoring of several commercial television broadcasting... |