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IRIS 1998-7:1/1 [DE] Berlin court rules on e-mail advertising

In December 1997, the Traunstein Regional Court set a precedent by prohibiting the sending of unsolicited e-mail advertising via the Internet, and the Regional Court in Berlin has now given two decisions which follow the same line. For a long time already, the courts have consistently upheld that the sending of unsolicited advertising matter and prospectuses by fax violates Section 1 of the Unfair Competition Act ( Gesetz gegen den unlauteren Wettbewerb - UWG) and also Article 823 I of the Civil Code (Bürgerliches Gesetzbuch - BGB), when the recipient has not consented or his consent cannot be...

IRIS 1998-6:1/22 [CH] New Principles for Radio and Television Licensing

In response to a proposal by the Federal Department for Environment, Transport, Energy and Communications ( Eidgenössischen Departements für Umwelt, Verkehr, Energie und Kommunikation - UVEK), the Swiss Government adopted principles for future licensing practice on 25 February 1998, setting its media policy on a new and more liberal basis. In its report, the Government assumes that, as licensing authority, it enjoys a wide measure of discretion, since no one apart from Swiss Radio and Television (Schweizerische Radio- und Fernsehgesellschaft - SRG) is in principle entitled to a licence. It is...

IRIS 1998-6:1/20 [DE] New Advertising Guidelines

The fifteen Land media authorities, which are responsible for supervising private broadcasting, have issued new joint guidelines on advertising, to ensure separation of advertising and programme material, and on television and radio sponsorship. Adopted on 16 December 1997, the new regulations have been in force since 21 April 1998. They implement Article 46 of the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrages - RStV), which requires the Land media authorities to introduce such regulations. The advertising guidelines embody the law's requirements concerning the use of...

IRIS 1998-6:1/18 [RU] Bill “On State Protection of Moral Health and on Stronger Control over the Use of Products of Sexual Character” Passed Second Reading

The work on the Bill "State protection of moral health and on stronger control over the use of products of sexual character" started in 1995, when the initial text in the Legislative assembly of Omsk region was developed. On 16 January 1998, the State Duma of the Russian Federation adopted the Bill in the second reading (on the first reading, see IRIS 1997-4: 10). 226 Deputes supported the Bill, 104 Deputes voted against it and 113 abstained. Now the Bill is being prepared for the third reading. If the Bill is adopted in the third reading by the State Duma and approved by the Federation Council...

IRIS 1998-6:1/16 [FR] Amended Descriptions of Duties and Terms of Reference for France 2 and France 3

A decree dated 6 May 1998 amends the descriptions of duties and terms of reference of the public-service television channels France 2 and France 3, in an attempt to close the gap between the legal systems governing private channels and public-service channels, thereby making supervision by the regulatory body, the Conseil Supérieur de l'Audiovisuel (CSA) easier. The decree of 6 May covers firstly the relations between France 2 and France 3 and audiovisual producers. In 1997 these producers - through their main professional union, the audiovisual production union ( USPA - Union Syndicale de la...