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In 2009, the Flemish Council of Journalism (Raad voor de Journalistiek), a self-regulatory body that deals with questions and complaints concerning journalistic practice, issued its “decision” on a complaint against a journalist and editor of an online subscription newsletter. The complaint concerned a significant number of articles, which accused the complainant of theft, threats, social fraud and animal cruelty. Aside from the fact that the complaint was upheld due to infringements of the principles of impartial gathering of information, distinguishing between the description of facts and comments...

A highly controversial act has been adopted in Belgium to address sexist gestures and acts in the public space. A prison sentence of up to one year and/or a fine of up to EUR 1000 can be imposed for ‘any public gesture or act, which is obviously intended to express contempt vis-à-vis a person because of his or her sex or, for the same reason, considers a person as inferior or reduces the person to his or her sexual dimension and which results in a serious infringement on the dignity of that person’. The act also amends the Law of 10 May 2007 to combat discrimination between women and men by incorporating...

On 25 June 2014, the Chamber for impartiality and protection of minors of the Flemish Media Regulator (Vlaamse Regulator voor de Media) issued a decision (2014/035) following a complaint related to the programme ‘Comedy Kings’, in which part of the show ‘Interesting Times’ by stand-up comedian Alex Agnew was broadcast.  The complaint concerned alleged anti-Semitism and ridiculing of the Holocaust by the comedian, because he referred to the gassing of Jews in relation to a controversial type of fine that can be imposed on citizens, which is referred to by its acronym ‘GAS’. The complainant argued...

On 2 September 2014, the Flemish Media Regulator (Vlaamse Regulator voor de Media) published three decisions in which it found that two broadcasters had violated the provisions in the Flemish Media Decree that prescribe the conditions under which teleshopping, sponsoring, and advertorials may be broadcasted. The first decision (2014/036) concerned a teleshopping programme, Jim Request Live, which was interrupted five times after less than 15 minutes. Article 82, § 1, 3° of the Flemish Media Decree, however, states that teleshopping programmes must last for at least 15 minutes before being interrupted....

A judgment of the Court of Justice of the European Union (CJEU), by way of a preliminary ruling delivered on 3 September 2014, once more deals with the conflicting interests of copyright protection and the right to freedom of expression and information (see Case-C-70/10 Scarlet Extended v. SABAM (see IRIS 2012-1/2), Case C-360/10 SABAM v. Netlog NV (see IRIS 2012-3/3) and Case C-314-12 UPC Telekabel v. Constantin Film Verleih (see IRIS 2014-5/2). In a case concerning the concept and application of the parody-exception in copyright law, the CJEU held that a “fair balance” must be obtained between...