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At the beginning of September 2006, the Broadcasting Commission of Ireland (BCI) launched the third and final phase of the consultation process in the development of a new code of programme standards, as provided for by section 19 of the Broadcasting Act 2001 (see IRIS 2001-4: 9). The draft code includes provision for audience information and guidance by issuing prior warnings for programme material which has the potential to offend, by using the watershed or by implementing an evaluative or descriptive classification system (s.2.2). There are special provisions for the protection of children,...

A viewer has complained to the UK regulator, Ofcom, about certain scenes in cartoons featuring Tom and Jerry (“Texas Tom” and “Tennis Chumps”). In both, the issue is smoking, either to impress or to glamorise it. Rule 1.10 of Ofcom’s Broadcasting Code states: The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol: - must not be featured in programmes made primarily for children unless there is strong editorial justification; - must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the...

According to Articles 1 and 15 of the Act of 30 September 1986, as amended, one of the duties of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) is to guarantee the protection of children and young people in respect of programmes that are broadcast. On 04 July 2006, as part of this mission, the CSA set up a framework for the presentation and promotion on television (apart from cinema channels and pay-per-view schemes) of cinematographic or audiovisual works and their spin-off videograms, video games and telephone and telematic services and Internet sites to which minors...

In a ruling of 4 August 2006, the Landgericht Leipzig (Leipzig District Court - LG ) confirmed its decision to grant an application by Sat.1 Satellitenfernsehen GmbH for a temporary injunction against the Internet service "onlinetvrecorder.com", which functions as a virtual video recorder. On 27 March 2006, the LG had granted the temporary injunction, under which the domain operator had been prohibited, inter alia , from storing, making available to third parties, transmitting via so-called online streaming or uploads (ie via the Internet) and/or copying or making available for copying the TV programmes...

In the dispute between Dynamic Medien Vertriebs GmbH and Avides Media AG, the Landgericht Koblenz (Koblenz District Court) lodged with the ECJ on 31 May 2006 questions on the preliminary ruling under Art. 234 of the EC Treaty (Case no. C-244/06). The question referred concerns in particular whether and to what extent national provisions that make mail order sales of image storage media (DVDs, videos) dependent on their being labelled as having been examined by a national body as to their availability to young persons are incompatible with the principle of the free movement of goods. In particular,...