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IRIS 2002-1:1/35 [CH] Rulings concerning new Forms of Advertising

In two of its decisions the Unfair Trading Commission has ruled on some fundamental questions concerning advertising using electronic media. In an administrative decision dated 21 November 2001 the Commission declared spamming not to be legitimate where messages are sent without proof of an existing customer relationship. It stated that such spamming, i.e. the unsolicited sending of advertising e-mails when a customer relationship does not exist, represents an inadmissible `aggressive marketing technique' as understood in no. 4 (4) of the Principles of the Commission, and so is not legitimate in...

IRIS 2002-1:1/33 [UA] New Statute on Elections

On 18 November 2001 President of Ukraine Leonid Kuchma signed the Statute on elections of the people's deputies in Ukraine (hereinafter "the Statute"). This Act deals comprehensively with the issue of media coverage of the electoral process. It obliges the media organizations to "impartially cover the course of the preparatory period and the conduct of elections" (Art.20). The Statute guarantees specific rights for "media representatives" in regard to access to the activities of the governmental and other official bodies involved in the electoral process. Designated state officials are responsible...

IRIS 2002-1:1/25 [DK] Legal Regulation of the Networked Society under Consideration

Danish legislation on the information and communication media has to be adapted to the development of new technology by which the separate media shall be able to converge into multifunctional entities. In preparation for the arrival of the future information society a Committee established by the former Minister for Culture, Elsebeth Gerner-Nielsen, issued a report on convergence in the networked society (Konvergens i netværkssamfundet) on 7 June 2001. The report - examining the motives, powers and scenarios of future development - evaluates in Chapter 6 the sectoral legislation in force and its...

IRIS 2002-1:1/21 [RO] Aggressive Father Christmas

In early December 2001, the Romanian supervisory authority for the electronic media, the Consiliul National al Audiovizualului (CNA), criticised a mobile telephone advertisement and, in a communiqué, condemned its makers for disparaging the image of Father Christmas. The TV commercial, which was produced in Romania by a mobile phone company publicising a special offer for the month of December, depicted three Father Christmases who, as "kung fu experts", fought with each other for the chance to hang their own mobile phone on the Christmas tree. After a few blows were traded, the "strongest" of...

IRIS 2001-10:1/38 [HU] Act on E-Commerce

At the end of its winter session of 2001, the Hungarian legislator approved Act No. CVIII of 2001 on certain aspects of electronic commerce and information society services (Act on E-Commerce). The new act contains a set of rules that are necessary to implement Directive 2000/31/EC into national law. The most important legal institutions established by the new act can be summarised as follows: - The act introduces the limitation of liability concerning providers of intermediary services. Beside the cases specified in the corresponding directive - services consisting of `mere conduit'; `caching'...