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The agreement on the protection of minors concluded between the regulating authorities, the Svet za Radiodifuzijo (Broadcasting Council ­ SRDF), and the biggest TV broadcasters minors is subject to criticisms. The criticisms focus in particular on the alleged lack of compatibility of the agreement with Art. 84 paragraphs 1 and 3 of the Zakon o Medijih (Media Law ­ see IRIS 2004-5: 15). These regulations deal with the protection of children and adolescents against harmful broadcasting content. The broadcasting of violent and erotic content ­ scenes of extreme forms of pornography is generally...

The launch of this year's season of the reality show "Big Brother" by the private station Prima TV led to intervention by the Consiliul National al Audiovizualului (National Audio-Visual Regulatory Agency, CNA) after some sex scenes had been broadcast. In March 2004 the CNA fined Prima TV twice (CNA resolutions of 16 and 26 March respectively). The first fine amounted to ROL 200 million and the second to ROL 500 million (exchange rate: 1 Euro equals ROL 40,700). These penalties originated from the broadcasting of sexual scenes at inappropriate times and without any explicit warnings in the prescribed...

The bill amending the Broadcasting Act, aimed at the transposition of European Community legal standards into national law (see IRIS 2003-10: 9), was finally been adopted by the Parliament on 2 April 2004. The draft bill sent to Parliament on 7 November 2003 by the Government, has been amended by the Sejm (lower chamber of the Parliament) and the Senat (upper chamber of the Parliament). The changes made to the governmental proposal are of minor importance and the main objective of the bill ­ harmonisation with EC law ­ is kept intact. The amendment contains inter alia specific criteria to identify...

The Oberlandesgericht Düsseldorf (higher regional court of Düsseldorf, OLG) annulled the decision of the Landgericht Düsseldorf (regional court of Düsseldorf) dated February 17 2004 regarding legal requirements to be fulfilled to comply with protection of minors against the distribution of simple pornography on the Internet. The regional court of Düsseldorf decided in 2003 that it was sufficient to comply with requirements of on-line child protection by querying a personal ID number whose conclusiveness was verified by a computer program in connection with an offer subject to costs (see IRIS 20034:...

On 30 April 2004, the European Commission put forward a proposal for a new Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and the right of reply in the European audiovisual and information services industry. At the end of 2003, the Commission adopted its second evaluation report on the 1998 Council Recommendation on the protection of minors and human dignity in audiovisual and information services (see IRIS 2004-2: 6). The report came to a generally positive conclusion on the application of the 1998 Recommendation, but also identified...