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IRIS 2003-4:1/29 [DE] Internet Pornography

In a criminal law ruling of 31 January 2003, the Landgericht Düsseldorf (Düsseldorf District Court - LG Düsseldorf) assessed the rules governing the dissemination of pornography on the Internet with regard to the protection of minors. In Germany, prior to the entry into force on 1 April 2003 of reforms on youth protection in the media, pornographic content could be disseminated on the Internet, provided "technical precautions are taken to ensure that the content or its dissemination in Germany can be restricted to adult users" (Article 3.2.2 of the Gesetz über die Verbreitung jugendgefährdender...

IRIS 2003-4:1/26 [RO] CNA Sanctions Private Broadcaster

On 18 February 2003, the regulatory authority for electronic media, the Consiliul Na tional al Audiovizualului (National Audiovisual Council - CNA), imposed a fine of ROL 250 million (EUR 6956) on private TV broadcaster B1 TV for breaches of Articles 2, 3, 4 and 10 of Decision No. 78/2002 on the protection of minors (see IRIS 2002-10: 11). The programme "Ma sina adevarului"("Lie detector"), shown on 13 February 2003, contained video footage of a minor being asked by his mother to recount in great detail how he had supposedly been sexually abused by his father. "Recording this material caused extremely...

IRIS 2003-4:1/21 [IT] New Self-Regulatory Code of Conduct on Television and Minors

On 29 November 2002, Italian public and private broadcasters signed a self-regulatory Code of Conduct and presented it to the Ministry for Communications in order to provide adequate protection for under-age viewers and to actively limit minors' exposure to harmful content on television. The Code, called Codice di autoregolamentazione TV e Minori' (Self- regulatory code of conduct on television and minors) is a provisional instrument, which will be applied until extensive legislation on this matter is adopted. The main objective of the Code is to protect minors from manipulative advertising and...

IRIS 2003-4:1/18 [FR] CSA Details Arrangements for Broadcasting Violent or Pornographic Programmes

After calling for a ban on broadcasting pornographic films on television (see IRIS 2002-8: 7 and IRIS 2002-10: 10) taking note of the recommendations contained in the Kriegel report on violence on television (see IRIS 2003-1: 9), the Conseil supérieur de l'audiovisuel (audio-visual regulatory body - CSA) has now adopted a deliberation that details and supplements the existing arrangements in order to restrict the broadcasting of programmes of this type on television (programmes that fall into the so-called "Category V", which covers "cinematographic works that may not be shown to young people under...

IRIS 2003-4:1/12 [DE] Berlin Court's Emergency Ruling on “Saving Private Ryan”

In the dispute over the possible harm to minors caused by violent scenes in the film "Saving Private Ryan", the Oberverwaltungsgericht Berlin (Berlin Administrative Appeals Court - OVG) has overturned an emergency ruling by the Verwaltungsgericht Berlin (Berlin Administrative Court). The case concerns the granting of special permission to broadcast the film at 8.15 pm. Since the film was rated "16", it would have had to be shown after 10 pm unless such permission were granted. The body responsible for granting special permission is the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg Media...