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IRIS 2009-1:1/23 [HR] Rulebook on TV Broadcasters for the Purpose of the Protection of Minors

The Council for Electronic Media adopted a Rulebook on TV broadcasters for the purpose of the protection of minors in April 2008 (see IRIS 2008-7: 14). Implementaion of the Rulebook by TV broadcasters was to commence subsequent to the receipt of standard graphic marks by the Council. After receiving the graphic marks, broadcasters on the national level (commercial) notified the Council that they could not start with the implementation of the Rulebook because of technical deficiencies and aesthetically unacceptable suggested graphic marks. To overcome the implementation problems, the Council for...

IRIS 2009-1:1/16 [FR] Appeal Against Authorisation Prohibiting Showing of a Violent and Pornographic Film to Anyone under the Age of 18 Years

On 4 November the Conseil d’Etat rejected the application made by a cinematographic distribution company for the cancellation of the classification certificate issued one year earlier by the Minister for Culture for the film Quand l’Embryon Part Braconner that required that the film was not to be shown to anyone under the age of 18 years. The applicant felt that the decision, based on the violent and pornographic nature of the film, was disproportionate and flawed by a manifest error of appreciation. Backed by the national federation of film distributors, the applicant claimed that “the use of...

IRIS 2009-1:1/10 [BE] New Draft Media Decree and Product Placement

The draft of a new Flemish Media Decree introduces, for the first time, a regulation on product placement. As the law currently stands, product placement is submitted to the common advertising regulation of the Omroepdecreet (Flemish Decree on Radio-broadcasting and Television). The relevant provision is article 105, which prohibits advertising in audiovisual programmes, unless unavoidable. Advertisements belonging to “the ordinary living environment or ordinary streetscape”, presented unintentionally and without any emphasis, are to be considered as being unavoidable (§1). The same holds true...

IRIS 2009-1:1/9 [BA] The RAK Is Expanding its Mandate

The Communications Regulatory Agency (RAK) has expanded its mandate on SMS broadcast via TV stations. In 2007, having experienced cases of hate inciting SMS in the form of chain laters, or so-called cyrons, RAK supplemented its Code of Conduct with regards to public and commercial broadcasters. Article 3 of the General Principles also regulates SMS, however RAK have not, thus far, imposed any sanctions.. TV OBN, a Sarajevo-based and country-wide commercial TV station, was the first to be fined to the amount of BAM 30,000 (about EUR 15,000), for violation of Article 4 "Hate Speech" of the Broadcasting...

IRIS 2009-1:1/2 Council of Europe: Guidelines Protecting Human Rights on the Internet

On 3 October 2008, the Council of Europe published two sets of guidelines aiming to encourage respect and to promote privacy, security and freedom of expression within the context of internet access and internet games. These guidelines therefore cover a series of online activities, such as e-mail use, chat or blog participation and online game playing. The guidelines are the product of close cooperation of the Council with European online game designers and publishers and with Internet Service Providers (ISPs). The Human Rights Guidelines for Online Game Providers were developed by the Council...