Search results : 1127

Following its decision on principle of 13 June 2007 in the case of the novel “Esra” (see IRIS 2007-10: 8), the Federal Constitutional Court again expressed an opinion on 12 December 2008 on the relationship between personality rights and artistic freedom, but this time ruled that personality rights had not been violated in either of the cases concerned. In one case, the complainant had filed a complaint against the performance of the play “Ehrensache” (“A Matter of Honour”, the plot of which is based on the events surrounding the killing of the complainant’s 14-year-old daughter) known as the “Hagen...

Against the background of a procedure for a preliminary ruling requested by the Koblenz District Court (see IRIS 2006-9: 5), the Court of Justice of the European Communities (ECJ) has decided that Article 28 of the EC Treaty does not stand in the way of domestic provisions that prohibit the sale and delivery of picture storage media that have not been examined and classified for youth protection purposes by the relevant body. However, this does not apply when the legal procedure for examining, classifying and labelling picture storage media is difficult to access, or is not concluded within a reasonable...

On 20 February 2008 the Committee of Ministers of the Council of Europe adopted a Declaration on protecting the dignity, security and privacy of children on the Internet. This Declaration focuses on the content that children can create about themselves on the Internet, including all forms of traces that they can leave online (logs, records and processing). "We are determined to ensure that our children can use the Internet safely, and that the Internet cannot be used against them", said Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe. The Committee is aware that children...

This survey is based on the reports and the available data of the four regulatory and/or inspecting bodies for the period of one year. It includes all complaints related to contents, which might (seriously) impair the physical, mental and moral development of minors directly via the Internet or via mobile phones, via broadcasting and advertising in the audiovisual sector, as well as via advertising for Internet content in print. The report of the Inspectorate for Culture and Media includes a complaint that questioned gratuitous violence content in a broadcast, and another complaint against the...

In a decision of 20 December 2007 (case no. 11 W 58/07), the Oberlandesgericht (Appeal Court - OLG) of Frankfurt a.M. ruled that the owner of an Internet connection was not necessarily responsible for copyright infringements committed by a family member – in this case, so-called file-sharing infringements. Connection owners should only be held liable if they were under an obligation to monitor the Internet use of family members. Such an obligation only applied if the connection owner had actual grounds for suspecting that the connection might be used to break the law. Such grounds only existed...