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IRIS 2010-8:1/42 [RO] Electronic Media - Sanctions and Processes

On 27 July 2010 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed sanctions on 10 TV stations and one radio station broadcasting in Romania for having broken the Audiovisual Code rules when covering the death of a Romanian star, the singer Mădălina Manole, who committed suicide on 14 July 2010. The CNA considered the broadcasters had broken the Codul de reglementare a conţinutului audiovivzual (Regulatory Code for Audiovisual Content) rules with regard to the protection of children, human dignity and of the right to one’s own image, in news programmes...

IRIS 2010-8:1/41 [PL] Implementation of the Audiovisual Media Services Directive

On 13 July 2010 the Polish Government adopted the Guidelines for the Draft Act Amending the Broadcasting Act (in relation to the implementation of Directive 2007/65/EC). On the basis of these detailed Guidelines the Draft Act was prepared and sent on 30 July 2010 for intergovernmental consultations that have been already concluded. The AVMSD will be transposed into national legislation mostly by amending the Broadcasting Act. The responsible regulatory authority will be the National Broadcasting Council (NBC), which nowadays has responsibility only in respect of traditional radio and television...

IRIS 2010-8:1/32 [GB] Advertisement Regulation on VOD Services

The Advertising Standards Authority has been designated by the UK regulator Ofcom as the co-regulator for advertisements appearing on VOD services which are subject to statutory regulation, namely, the Communications Act, 2003, section 368A. Such advertisements are subject to the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) and, in particular, the Appendix, which allows the ASA to take legal action against the VOD service provider in the event of Code infringements. A revised CAP Code (as well as the Code of Broadcast Advertising, the BCAP Code) comes into effect...

IRIS 2010-8:1/23 [DE] KJM and ASTRA Agree Regulatory Framework for Free-to-Air Erotic Content

On 19 July 2010, the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) and satellite provider ASTRA announced the conclusion of an agreement, under which ASTRA promised, on a voluntary basis, not to sign any more contracts with foreign providers of free-to-air erotic content for an indefinite period, and to phase out all existing contracts by the end of 2011. Aware of its responsibility as a service provider to protect young people, ASTRA also declared its willingness to refer proactively in line with its cooperation with the KJM at various events. This...

IRIS 2010-8:1/21 [DE] Sky Youth Protection Adequate?

In early July, the LandgerichtDuisburg (Duisburg district court - LG) reinstated a temporary injunction, under which the erotic broadcaster Beate-Uhse.tv was provisionally prohibited from transmitting its programmes via the pay-TV broadcaster Sky before 11 p.m. According to media reports, however, the OberlandesgerichtDüsseldorf (Düsseldorf court of appeal - OLG) lifted this injunction on 21 July 2010. The programmes may now again be shown from 8 p.m. onwards. The case follows a complaint from a company that itself operates an encrypted online pornography service and believed that the Sky service,...