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On 14 May 2009, the Consiliul Naţional al Audiovizualului (national council for electronic media - CNA) and the Autoritatea Naţională pentru Protecţia Drepturilor Copilului (national authority for the protection of children's rights - ANPDC) signed a protocol on active co-operation to protect and promote children's rights through the exchange of relevant data and information and the effective handling of all infringements in this field (chapter 1 para. 1). Improvements will also be made to the monitoring of how children's rights are protected in broadcasting. In particular, the public image of...

On 2 June 2009 the Lithuanian Seimas (Parliament) approved the Draft Amendment Law on the Protection of Minors against the Detrimental Effect of Public Information in the first reading. The Draft Law seeks to enhance the protection of minors against the negative effect of public information by expanding the list of criteria on the restricted published information as well as by establishing a system of visual means (indexes) used for categorising TV programmes. The Draft Law provides that public information which encourages gambling and participating in lotteries and other games, where the impression...

The Bundesgerichtshof (Federal Supreme Court - BGH) has dismissed as unfounded the defendant's appeal against the ruling of the Landgericht München I (Munich District Court I - LG) of 15 December 2008 (case no. 12 Kls 468 Js 310758/07) concerning five concurrent cases of sexual abuse of children and the distribution of pornographic material via teleservices. The defendant, who had several previous convictions for sexual offences, had made contact with five children from Belgium via the Internet. During their conversations, live images of the defendant and the children had been transmitted using...

The US Supreme Court recently upheld the FCC’s modified broadcast indecency policy, which prohibits the on-air use of indecent “fleeting expletives’—that is, sudden, usually surprised outbursts of one or two indecent words. The Commission’s policy went back to FCC v. Pacifica Foundation, 438 U.S. 726 (1978), which emphasized the harm of the “repetitive occurrence” of indecent language - in that case, George Carlin’s famous 12-minute “Seven Dirty Words” monologue. The changes also were challenged under the free speech clause of the Constitution, but the Court refused to consider these arguments...

On 31 March 2009 the Slovenian mobile telephone operators signed Samoregulacijski kodeks ravnanja operaterjev mobilnih elektronskih komunikacijskih storitev o varnejši rabi mobilnih telefonov s strani otrok in mladoletnih do 18. leta (self-regulatory ethical rules for handling the mobile electronic communication services in regard to the safer use by minors below the age of 18). The self-regulatory document was articulated with reference to the “European Framework for Safer Mobile Use by Younger Teenagers and Children” (the self-regulatory guidelines of the GSM Europe, an interest group of the...