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On 25 April 2012, a proposal of the committee on press crimes, unwanted communication and stalking was officially published. The committee's task was to assess the need to reform the "press crimes" legislation taking into consideration the jurisprudence of the European Court of Human Rights. In addition, the committee had to assess if there was a need for legislation prohibiting the communication to a target which does not want to receive, and consider if there was a need to criminalise the so called stalking. The committee suggests adding a new criminal provision (Sec. 1 a §) on unwanted communication...

The European Court of Human Rights has delivered a decision regarding the criminalization of the possession, reproduction and public display of child pornography, freely downloaded from the Internet, and its compatibility with freedom of (artistic) expression. The issue before the European Court was whether the conviction of an artist for including child pornography in a work exhibited at an art exhibition violated the right to freedom of expression under Article 10 of the European Convention of Human Rights. Ms. Ulla Annikki Karttunen is a Finnish artist who exhibited her work “the Virgin-Whore...

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...

In 2004 Yleisradio Oy broadcast a current affairs programme focusing on some legal aspects of incest cases in the context of child custody disputes. Genuine cases were used as examples. In one case, A. appeared undisguised and using his own first name. He was introduced as a 55-year old driver from Helsinki and it was further announced that A. had been convicted and sentenced to imprisonment for sexual abuse of his two children, X. and Y., their gender and current age being mentioned. The judgment concerning A.’s conviction for sexual offences had been declared confidential by the Court of...

The Ministry of Justice is assessing the possibility of decriminalizing the use of open WiFi networks. According to a draft memorandum published last year, using a wireless internet connection without its owner’s permission would be allowed in such cases where the access point is not protected by password or the like. In particular, the memorandum assesses whether it is appropriate to deem unauthorised use a criminal offence. In compliance with Chapter 28, section 7 of the Penal Code of Finland, “[a] person who without authorisation uses the movable property or the non-movable machine or equipment...