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IRIS 2010-9:1/17 [DE] Temporary Injunction against Save.TV Technical Service Company

According to a press release issued by the online video recording service Save.TV, on 28 July 2010 the Landgericht München (Munich District Court - LG), at the request of television broadcaster RTL, granted a temporary injunction against one of its service companies, obliging it to cease providing technical support so that the RTL channel could no longer be recorded. The reasons for the court's decision were not reported. The unnamed technical service company is reported to have announced immediately that it would take legal action against the temporary injunction. The injunction clearly represents...

IRIS 2010-8:1/23 [DE] KJM and ASTRA Agree Regulatory Framework for Free-to-Air Erotic Content

On 19 July 2010, the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) and satellite provider ASTRA announced the conclusion of an agreement, under which ASTRA promised, on a voluntary basis, not to sign any more contracts with foreign providers of free-to-air erotic content for an indefinite period, and to phase out all existing contracts by the end of 2011. Aware of its responsibility as a service provider to protect young people, ASTRA also declared its willingness to refer proactively in line with its cooperation with the KJM at various events. This...

IRIS 2010-8:1/22 [DE] FFG Amendment Passed

On 11 June 2010, the Bundestag (lower house of parliament) adopted an amendment to the Filmförderungsgesetz (Film Support Act - FFG). The Bundesrat (upper house of parliament) had already decided not to raise any objections on 26 March 2010 and adopted it on 18 June 2010. Under the revised FFG, whose entry into force was backdated to 1 January 2010, the television industry is now legally obliged to pay a fixed level of contributions to the Filmförderungsanstalt (Film Support Office - FFA). Previously, television companies were free to negotiate the level of their contributions with the FFA (Art....

IRIS 2010-8:1/21 [DE] Sky Youth Protection Adequate?

In early July, the LandgerichtDuisburg (Duisburg district court - LG) reinstated a temporary injunction, under which the erotic broadcaster Beate-Uhse.tv was provisionally prohibited from transmitting its programmes via the pay-TV broadcaster Sky before 11 p.m. According to media reports, however, the OberlandesgerichtDüsseldorf (Düsseldorf court of appeal - OLG) lifted this injunction on 21 July 2010. The programmes may now again be shown from 8 p.m. onwards. The case follows a complaint from a company that itself operates an encrypted online pornography service and believed that the Sky service,...

IRIS 2010-8:1/4 European Commission: Laggard Member States Urged to Implement AVMS Directive

On 24 June 2010, the European Commission issued a set of reasoned opinions to 12 member states (Austria, Cyprus, Estonia, Greece, Finland, Hungary, Lithuania, Luxemburg, Latvia, Poland, Portugal, and Slovenia) requesting that they proceed with updating their national broadcasting legislation in order to bring it into compliance with the Audiovisual Media Service (AVMS) Directive. The Directive, which replaced the Television without Frontiers Directive of 1989 (as amended), was adopted in December 1997 with the intention of bringing the EU’s broadcasting rules up to speed with the digital age. The...