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IRIS 2004-9:1/14 [DE] Munich Appeal Court on Internet Distribution of Harmful Media

In a ruling of 29 July 2004, the OLG München (Munich Appeal Court) clarified the requirements governing the distribution of media that carry the warning "unsuitable for young people" (case no. 29 U 2745/04). The parties in the proceedings were two mail-order companies that rent out film DVDs via the Internet. The applicant complained that the distribution method used by the respondent failed to ensure that DVDs categorised as unsuitable for under-18s did not fall into the hands of children or young people. Individuals wishing to rent the films, after registering their personal data on the respondent's...

IRIS 2004-8:1/28 [RU] Beer Advertising Restricted

On 20 August 2004 President Putin signed the Statute amending the Statute On Advertising of 18 July 1995. The new Statute, adopted earlier by the State Duma, entered into legal force 10 days after the date of its publication. The new Statute imposes a number of restrictions on advertising of beer and beer-based products. The Statute regulates both the content and rules of placement of beer and beer-based product advertisements in the mass media. Such advertisements shall not contain information assuring viewers that the drinking of these beverages is harmless and (or) healthy, thirst-quenching,...

IRIS 2004-8:1/24 [RO] Regulations for the Protection of Minors Amended Again

15 August 2004 saw the entry into force in Romania of new regulations to protect minors with respect to broadcast programmes. One of the most important new provisions introduced by Decision No. 249 of the National Audiovisual Council (CNA) (Decizia CNA Nr. 249 privind prote a copiilor în cadrul serviciilor de programe) is that c ti in the evening slot between 8 and 10 pm the only feature films that can be shown are those in which there are no violent scenes or only a few such scenes. The Decision also imposes a ban on all commercials containing scenes of violence, sexual innuendeo or bad language...

IRIS 2004-7:1/8 [BA] RAK to Enforce the Watershed Principle

In May 2004, the Regulatorna agnecija za komunikacije (Communications Regulatory Agency ­ RAK) reminded all broadcasting stations and cable distributors of broadcasting programmes to comply with RAK's Code of Practice, especially with Article 1.3 regarding the so-called "watershed-principle". As to this norm, all items of programme services which are likely to impair the physical, mental or moral development of children and adolescents shall not be scheduled at periods during which they are likely to watch those programmes because of the time of transmission and reception. Such programmes to be...

IRIS 2004-7:1/1 European Platform of Regulatory Authorities: 19th Meeting in Stockholm

The 19 meeting of the European Platform of Regulatory Authorities (EPRA) took place on 3 and 4 June 2004, organised jointly by the Swedish Broadcasting Commission and the Swedish Radio and TV Authority. One theme discussed at the meeting was the dividing line between the need to protect privacy and the right to information deemed to be in the public interest, including the difficulties associated with the protection of privacy in the context of information published on the Internet. A number of points were raised, including the question of who is responsible for privacy protection and in respect...