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Under a judgment given by the Federal Administrative Court (Bundesverwaltungsgericht - BVerwG) on 11 March 1998, trailers for films rated suitable only for over-16s or over-18s by the Voluntary Self-Monitoring Authority ( Freiwillige Selbstkontrolle - FSK) may not be shown before 10 or 11 p.m. The regulations on protection of children and adolescents embodied in par. 3, sub-par. 2 to 4 of the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrages - RfStV), in the third amended version of 26.8-11.9.1996, are satisfied only if restrictions on the times at which films containing...

On 24 March 1998, the Appeal Court (Oberlandesgericht - OLG) in Koblenz rejected an appeal against a judgment given by the Mainz Regional Court (Landesgericht - LG) on 23 December 1997. The proceedings concerned a film dealing with the murder of several soldiers in Lebach in 1969 (see IRIS 1998-3: 8). The plaintiff, one of the main offenders responsible for the murders, thus succeeded in his application to stop the film's being shown. The court decided that he was entitled to an injunction against showing of the film under Article 1004 of the Civil Code (Bürgerliches Gesetzbuch - BGB), in conjunction...

On appeal, Princess Caroline of Monaco has again failed in her action against Burda, the publishers of Bunte, which had published photographs of her without her permission. On 11 March 1998, the Hamburg Court of Appeal (Oberlandesgericht - OLG) dismissed as unfounded an appeal against a judgment given at first instance by the Regional Court (Landesgericht - LG), which declared publication lawful and refused to grant an injunction. The case concerned 23 photographs taken of the princess in her leisure-time, including six with Prince Ernst August of Hannover at a horse show. The Appeal Court found...

On 11 February 1998, the Federal Court (Bundesgerichtshof - BGH) ruled that a complaint lodged by a publishing house and a free-lance press photographer concerning a measure ordered by the presiding judge in proceedings in the Frankfurt Appeal Court (Oberlandesgericht - OLG) was inadmissible. The judge had noticed, during a break in the proceedings, that the photographer was taking pictures of one of the witnesses against her will - and ordered him to hand over the film-disk, which he duly did. The complaint against this order lodged with the Federal Court chiefly cited the basic right to freedom...

In a judgment given on 7 April 1998, the First Criminal Chamber of the Federal Court (Strafsenat des Bundesgerichtshofs - BGH) upheld an earlier judgment by the Traunstein Regional Court (Landesgericht - LG), acquitting two accused persons of conspiring to commit crimes involving kidnap, murder, sexual abuse of children, rape and sexual violence. Using the pseudonyms "Leather Witch" and "Sado-Hangman", the accused operated a so-called "S/M studio", which they advertised on the Internet. Via E-mail, they offered to provide an undercover investigative journalist with...