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An Internet Provider can refuse the sender of unsolicited commercial e-mail (also known as spam) the use of its transport facilities, because it does not have a universal service-connected legal duty to deliver. This was the judgment of the President of the Court of Amsterdam in the first-ever spam case in the Netherlands on 7 March 2002. XS4All, a Dutch Internet Provider, had applied for a temporary injunction. The injunction was sought against AbFab, a Dutch marketing company, which had sent unsolicited commercial e-mail messages to a number of XS4All subscribers. After receiving complaints...

In January 2002, The Internet Service Providers Association of Ireland (ISPAI) published its first Code of Practice and Ethics. This is part of a largely self-regulatory approach aimed at eliminating and preventing harmful content on the Internet. The Code was drawn up in association with the Internet Advisory Board established by the Irish Government. The Code is aimed at encouraging members of the industry to take responsibility for issues relating to enforcement, obligations and control. It sets out minimum practice guidelines for its members. For example, each member must: have an Acceptable...

Act 48/1992, which currently regulates the audiovisual market in Romania, is to be replaced in the second half of this year. The provisions of the new Bill, drawn up by the Ministerul Comunicatiilor si Tehnologiei Informatiei (Ministry for Communication and Information Technology - MCTI), created a fair amount of controversy among the parliamentary specialist committees in February. The proposed regulations are designed to cut bureaucracy (the number of different stages or levels of approval in the award of licences for the electronic media is to be cut from four to two) and conform with the relevant...

Under the Broadcasting Act, 2001, the Broadcasting Commission of Ireland has the role of drafting codes on matters of taste and decency, portrayal of violence and of sexual conduct in broadcast programmes (see IRIS 2001-4: 9). It is also required to implement rules governing advertising and sponsorship in accordance with the provisions of the "Television without Frontiers" Directive. The Broadcasting Complaints Commission hears complaints in relation to breaches of the relevant rules and codes. In February 2002, the Broadcasting Complaints Commission upheld a complaint against TV3, the national...

The final decree reforming the regulations of the audiovisual sector was published in the Official Journal on 6 February (for the previous decrees, see IRIS 2002-2: 8). The decree lays down the scheme applicable to cable and satellite channels and sets out all the corresponding provisions applicable to them, in particular the broadcasting of advertising, their contribution to the development of production and the scheme for broadcasting audiovisual works (original French-language works, works not shown previously, independent production, etc). It states in particular that "the maximum time devoted...