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IRIS 2009-5:1/18 [DE] Hartplatzhelden e. V. Appeal Rejected

The Oberlandesgericht Stuttgart (Stuttgart Regional Court of Appeal - OLG) has rejected an appeal by Hartplatzhelden e. V., thereby confirming the decision of the Landgericht (regional court), according to which the appellant's private video portal must not show footage of amateur football matches that fall within the responsibility of the Württemberg Football Association (WFV) (see IRIS 2008-7: 9). As the organiser of the amateur matches concerned, the WFV was considered to be the sole owner of the relevant exploitation rights. Hartplatzhelden e. V. was deemed to have violated those rights by...

IRIS 2009-5:1/17 [DE] "Sex and the City" Broadcast Broke Youth Protection Rules

The Verwaltungsgericht Berlin (Berlin Administrative Court - VG) has decided that the private television channel ProSieben broke youth protection legislation by broadcasting the episode "Three's a Crowd" of the series "Sex and the City" at 6p.m., and rejected the broadcaster's appeal against the objections raised by the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg Media Authority - MABB). The Kommission für Jugendmedienschutz (Commission for the protection of young people in the media - KJM) considered the episode to be likely to harm the development of children under 12 within the meaning...

IRIS 2009-5:1/16 [DE] Wiesbaden Administrative Court Submits Data Retention Questions to ECJ

The Verwaltungsgericht Wiesbaden (Wiesbaden Administrative Court - VG) has submitted to the Court of Justice of the European Communities (ECJ) a reference for a preliminary ruling concerning, inter alia , the compatibility of the Data Retention Directive with fundamental rights. The underlying case concerns the compatibility with EC data protection law of agricultural law provisions requiring information about the recipients of certain EC agricultural subsidies to be published annually online. The VG considers the rules to be a disproportionate intrusion on the European basic right to data protection....

IRIS 2009-4:1/33 [DE] Internet Block on Child Pornography

In the battle against child pornography on the Internet, the Federal Ministry for Families, Senior Citizens, Women and Young People (BMFSFJ) is calling on Germany's largest Internet Service Providers (ISPs) to enter into voluntary agreements. According to the BMFSFJ, the ISPs should sign voluntary agreements promising to block foreign child pornography sites by the end of February 2009. For this purpose, the Bundeskriminalamt (Federal Criminal Police Office - BKA) would give the ISPs a "blocking list". The ISPs could then use the list to block web servers from countries in which either child pornography...

IRIS 2009-4:1/32 [DE] Citizen Services Portal Bill and " Deutschland-Mail "

On 4 February 2009, the Federal Government adopted the Bill on the regulation of citizen services portals, tabled by the Federal Interior Ministry (BMI), thereby creating the basis for so-called " Deutschland Mail " ("De-Mail") . From 2010, De-Mail should make Internet communication more reliable and secure, since it will be offered by accredited, State-checked industry providers and will enable important documents such as contracts and applications to be sent to the authorities in encrypted form. Every German citizen is entitled to the free De-Mail addresses. Anyone who sends a message via this...