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IRIS 2011-7:1/45 [TR] Decision of the Internet Authority Concerning Internet Security and Access Restriction

On 4 March 2011 the Turkish Information and Communication Technologies Authority (ICTA) issued a decision concerning Internet security. The objective of the decision is to protect Internet users against unwelcome content. However, this attempt of the Authority is not highly appreciated among users and related NGOs. According to the decision, which approves “The Draft on the Principles and Procedures Concerning a Secure Usage of Internet”, four types of user profiles are regulated and Internet service providers are obliged to provide these profiles to their users. The profiles, one of which the...

IRIS 2011-7:1/3 Court of Justice of the European Union: Opinion in RojTV/FRG Preliminary Ruling Procedure

On 5 May 2011, Advocate General (AG) Bot gave his opinion to the Court of Justice of the European Union (ECJ) in the joined cases C-244/10 and C-245/10. It concerned a reference for a preliminary ruling submitted by the German Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) on the interpretation of the ban on the broadcast of programmes that incite to hatred, enshrined in Article 22a of the “Television Without Frontiers” Directive 89/552/EEC (TWF, now: Article 6 of the Audiovisual Media Services Directive 2010/13/EU, AVMSD). The related national procedure concerned an order issued...

IRIS 2011-6:1/33 [TR] Legal Steps against Unauthorised Broadcasting of Movies Announced

Turkish actors are planning to file lawsuits against television broadcasters to compensate for their loss resulting from the unauthorised broadcasts of their movies that were completed before 1995. The year 1995 plays a significant role for Turkish copyright law. Until 1995 producers were considered as the sole authors of cinematographic works. By amendments to the Turkish Copyright Law (LIA) in 1995 (Law 4110), authorship was granted jointly to directors, scriptwriters and composers of the original film music (Art. 8 LIA). It is important to note that the amended article was valid only for films...

IRIS 2011-5:1/40 [TR] New Turkish Media Law

The Turkish Law on the Establishment of Radio and Television Enterprises and their Broadcasts (Law No. 3984 of 20 April 1994; see IRIS 2008-8/34) has been repealed by a new law that was adopted by the Turkish Parliament on 15 February 2011 and entered into force on 3 March 2011. The new law was prepared with the intention of solving current problems the Turkish media sector has been facing. It contains completely new provisions alongside articles that repeat related provisions of the repealed law. The most important changes may be summarised under the following four titles: 1. The Turkish Media...

IRIS 2011-5:1/2 OSCE: Regular Report of the Representative on Freedom of the Media to the Permanent Council

On 17 March 2011, Dunja Mijatovic, the OSCE Representative on Freedom of the Media, presented the regular report to the OSCE Permanent Council, the organisation’s main decision-making body. The report consists of overviews of issues raised in the participating countries, activities of the Representative in the last reporting period and planned activities for the next reporting period. A large part of the report consists of the analysis of issues raised in 56 of the OSCE participating States. The report touches upon several issues concerning media freedom, inter alia, media pluralism, editorial...