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IRIS 2023-5:1/20 [BG] Draft amendments to the criminal code concerning intellectual property crimes

On 2 March 2023, the Проект на Закон за изменение и допълнение на Наказателния кодекс (draft Act for amendment and supplement to the Criminal Code) was published on the Портала за обществени консултации (Public Consultations Portal). The deadline for public discussion (submission of statements by interested parties) was 3 April 2023. The newly proposed provisions would allow for the prosecution of individuals who create conditions for online piracy. This includes individuals who develop and maintain torrent tracker sites, web platforms, chat groups in applications for online exchange of pirated...

IRIS 2023-5:1/21 European Court of Human Rights: Boris Antonov Mitov and others v. Bulgaria

A decision of 28 February 2023 of the European Court of Human Rights (ECtHR) dealt with an interesting claim made by a group of Bulgarian journalists in order to achieve Internet access to all non-anonymised judgments of the Supreme Administrative court, including all scanned documents. The journalists based their claim on the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). By a majority decision, the ECtHR declared the application inadmissible on the grounds that it was not for the ECtHR to make abstract pronouncements...

IRIS 2023-4:1/18 [BG] The code of conduct for the protection of children entered into force

On 1 February 2023, Кодексът за поведение относно мерките за оценка, означаване и ограничаване на достъпа до предавания, които са неблагоприятни или създават опасност от увреждане на физическото, психическото, нравственото и/или социалното развитие на децата (the Code of Conduct on Measures to Assess, Label and Restrict Access to Programmes which are Harmful or Pose a Risk to Affect Adversely the Physical, Mental, Moral and/or Social Development of Children – the Code) entered into force. The Code was adopted by CEM pursuant to Decision No. RD-05-7 dated 12 January 2023. The Code has been...

IRIS 2023-3:1/21 [BG] Bulgarian Supreme Court to provide clarity on compensation for copyright infringements

By resolution dated 15 December 2022, the Върховният касационен съд (Bulgarian Supreme Court of Cassation — SCC) opened interpretative case No. 3/2022 concerning the interpretation of certain questions regarding compensation for copyright infringements which cause confusion and disagreement between the lower courts and practitioners. The case was opened upon a request of the Висшия адвокатски съвет (Bulgarian Supreme Bar Council) and will be decided by the General Assembly of the Civil and Commercial Chambers of the SCC. In short, the questions raised are: 1. which market should be...

IRIS 2023-2:1/19 [BG] Roundtable concerning gambling commercial communications and self-regulation of gambling operators

Съветът за електронни медии  (the Council for Electronic Media – CEM) convened a roundtable on gambling commercial communications in media services and video sharing platform services (Кръгла маса относно търговското слово за хазарт) which took place on 13 December 2022. The roots of the discussions can be traced back to August 2022 when a Memorandum for Cooperation was signed between CEM and Национална агенция за приходите (the National Revenue Agency – NRA). The reason behind the debate was the aggressive campaigns of gambling advertising which increased, especially with the...