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IRIS 2014-9:1/12 [CZ] Decision of the Supreme Court concerning personality protection

The TV broadcaster “FTV Prima” was unsuccessful in a long legal dispute about the publication of photos of a thirteen year old boy, one of the supporting actors in the so-called “Kuřimská” cases. On 25 June 2014, the Supreme Court upheld a judgment that has awarded the boy compensation of 100,000 CZK. The broadcaster “FTV Prima” referred in his objections to the right to news reporting, but the Supreme Court assumed that the real goal of the publication of the photos was denigration or defamation. The so-called “Kuřimská” case is probably the most famous case of brutal treatment of children in...

IRIS 2014-8:1/16 [CZ] Supreme Administrative Court about warning

In its resolution of 14 July 2014, the widened chamber of the Supreme Administrative Court upheld the legal interpretation of the Council for Radio and Television Broadcasting (Council) in dispute regarding legal issues concerning the warning according to Article 59 paragraph 1 of Act No. 231/2001 of the collection of laws on radio and television broadcasts. Article 59 of Act No. 231/2001 states: (1) If a broadcaster or re-broadcaster breaches any obligations set out herein or any conditions stipulated in the licence granted to such a broadcaster or re-broadcaster, then the Council shall warn such...

IRIS 2014-6:1/10 [CZ] Radio listening for personal use in a shop is no violation of copyright

On 15 April 2014, the Constitutional Court ruled that listening to the radio by the shop assistant in a shop does not violate the Copyright Act. When a shop assistant in a store listens to his own radio, the shop owner does not have to pay fees to the collective rights management. Thus, the Constitutional Court upheld the complaint of the owner of a bike-shop. According to the earlier decision of the Regional Court in Hradec Králové, the shop owner should pay a fee to the Collecting society of sound engineers (OAZA) for the reproduction of music in his store. The complainant refused to pay because...

IRIS 2014-6:1/9 [CZ] Decision of the Constitutional Court about freedom of expression

On 17 April 2014, the wife of a former prime minister failed at the Constitutional Court with a complaint about a cartoon published in the magazine Reflex. The wife of the former prime minister demanded an apology for the illustration in the comic book Green Raoul, which she deemed inappropriate. The Constitutional Court rejected the request with reference to freedom of expression. The wife of the former prime minister previously announced that she is ready to go to the European Court of Human Rights. According to the constitutional complaint, justice failed to protect the rights of pregnant women...

IRIS 2014-2:1/9 [CZ] Pre-Election Broadcasting in Czech Television

In 2013, the Director General of Czech TV issued a Directive that provides guidelines concerning Czech TV’s coverage of the period prior to the Czech national parliamentary elections of 25 and 26 October 2013. The Directive provides television stations with general rules for appropriate broadcasting of shows of political interest. The Directive emphasises, among other things, the principle of „graduated equality“, which should be taken into account for the broadcasting of shows covering the election campaign. This principle is based on the results of pre-election opinion-polls. The frequency of...