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IRIS 2002-9:1/12 [DE] MTV “Freak Show” Endangering Minors

In two emergency rulings, the Verwaltungsgericht München (Munich Administrative Court - VG München) had to determine the degree to which the "Freak Show" programme broadcast by music channel MTV and based on the American programme "Jackass" constituted a danger to minors. The relevant supervisory body, the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM), had banned the repeat showing of six programmes which had already been broadcast and were deemed to be obviously capable of seriously endangering minors. It had also restricted the showing of further episodes to the...

IRIS 2002-8:1/26 [NO] First Ruling on Criminal Liability for ISP

From July 1998 until May 1999, Tele2 made so-called newsgroups available to its subscribers. Some of these newsgroups gave access to explicit sexual films and images involving children, animals, violence, coercion and sadism. This illegal pornography was stored on Tele2's server. Tele2 was therefore charged with infringement of Straffeloven § 204(1)a (the General Penal Codestrl.), which prohibits attempts to disseminate illegal pornographic material. In examining the case, Oslo Tingrett pointed out the following. According to the preparatory works relating to § 204 strl., Internet hosts, access...

IRIS 2002-8:1/22 [YU] Broadcasting Act of Serbia Adopted

The National Assembly of the Republic of Serbia adopted the Law on Broadcasting at a session held on 18 July 2002. The Law was promulgated and published on 19 July and came into force on 27 of the same month after a lengthy procedure (IRIS 2001-3: 13 und IRIS 2001-6: 10). Serbian Law on Broadcasting (SLB) has nine chapters: Basic Provisions, Broadcasting Agency of the Republic, Broadcasting License, General Programming Standards, Public Service Broadcasting, Prevention of Illicit Media Concentration, Advertising and Sponsorship, Penal Provisions and Transitory and Final Provisions. The most detailed...

IRIS 2002-8:1/15 [HU] Broadcasting Act Amended

Following a preparatory process lasting nearly four years, the Parliament of the Republic of Hungary has approved the Bill on the Amendment of Act No. I of 1996 on Radio and Television Services ("Broadcasting Act"). The amendment concerns issues aimed at achieving full harmonisation of the Hungarian Broadcasting Act with the relevant EU legislation and with the European Convention on Transfrontier Television as recently amended by a protocol. The amendment has been enacted following the fourth submission of the Bill, which according to the provisions of the Constitution of Hungary required a two-thirds...

IRIS 2002-8:1/12 [FR] CSA Calls for a Stop to Pornographic Programmes on Television

By virtue of Article 15 of the Act of 30 September 1986, as amended, "the Conseil supérieur de l'audiovisuel (the audiovisual regulatory body - CSA) shall ensure the protection of children and young people and respect for human dignity in the programmes made available to the public by audiovisual communication services". In doing so, "it shall ensure that programmes likely to be harmful to the physical, mental or moral development of minors shall not be made available to the public by a sound or television broadcasting service, except where there is assurance, by the choice of the time the programme...