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IRIS 2002-10:1/3 European Court of Human Rights: Case of Stambuk v. Germany

In a judgment of 17 October 2002, the European Court of Human Rights came to the conclusion that a disciplinary action imposed on a doctor for disregarding a ban on advertising by medical practitioners by giving an interview to the press was to be considered a breach of Article 10 of the European Convention on Human Rights. In 1995, a fine was imposed on the applicant, an ophthalmologist, by a district Disciplinary Court for Medical Practitioners. An article in a newspaper, including an interview with, and a photograph of, Mr. Stambuk was considered as disregarding a ban on advertising by medical...

IRIS 2002-10:1/1 European Platform of Regulatory Authorities: Overview of 16th Meeting

On 24 and 25 October 2002, the 16 meeting of the European Platform of Regulatory Authorities (EPRA) took place in Ljubljana (Slovenia). The meeting was hosted jointly by the Slovenian Broadcasting Council, and the Telecommunications, Broadcasting and Post Agency of the Republic of Slovenia. Forty-four regulatory authorities were represented and were joined by permanent observers from the Council of Europe and the European Commission. The plenary session focused on the regulation of public service broadcasting (PSB). Professor Carl-Eugen Eberle, Director of the Legal Department of ZDF, opened the...

IRIS 2002-9:1/27 [CZ] Tobacco Advertising Ban

Members of the Czech Parliament have tabled a Bill proposing a complete ban on tobacco advertising. Preparations for the latest amendment to the Act on the Regulation of Advertising have already caused disputes with the tobacco industry lobby. According to EC Directive 98/43/EC of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, tobacco advertising should have been banned completely back in 2000. However, in its ruling of 5 October 2000, the European Court of Justice (ECJ)...

IRIS 2002-9:1/24 [ES] Act on E-Commerce

In July 2002, the Spanish Parliament approved Act 34/2002 on Information Society Services and E-Commerce. By means of this new Act, which will come into force in October 2002, the Spanish authorities have incorporated EC Directive 2000/31 ("Directive on electronic commerce") into Spanish law. This new Act applies to "information society services" ("IS services"), which the Annex to the Act defines as those provided for remuneration (even if they are free for the recipient), at a distance, electronically and at the individual request of the user. Services provided by voice telephony, fax, telex,...

IRIS 2002-9:1/20 [RO] TV Ban for Tobacco and Alcohol Advertising

On 15 August 2002, the Consiliul National al Audiovizualului (National Audiovisual Council - CNA) issued the following communiqué: "As the protector of the public interest and the sole regulatory authority for the electronic media, [the CNA has] noted that certain TV broadcasters are breaching the provisions of Act no. 504/2002 (Art. 20) by broadcasting cigarette advertisements. The Council has also noted that the transmission of some commercials for alcoholic beverages infringes Article 32 of the Audiovisual Act. Failure to comply with advertising regulations will be penalised with fines ranging...