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IRIS 2000-7:1/16 [FR] Film Approval Certificate Withdrawn

In an Order of 30 June 2000, the Conseil d'Etat (Council of State) upheld the application by an association which disputed the award of an approval certificate on 22 June by the Minister of Culture and Communication to the controversial film Baise-moi ("Screw me"). The certificate only banned children under 16 from watching the film and stipulated that a warning about the nature of the film should be posted at the cinema entrance and included in all publicity for the film. In accordance with Article 19 of the film industry code, films may only be shown in French cinemas if they have been awarded...

IRIS 2000-7:1/15 [US] Supreme Court Finds Section 505 of the Telecommunications Act of 1996 Unconstitutional

On 22 May 2000, the Supreme Court of the United States held that Section 505 of the Telecommunications Act of 1996 ("1996 Act") was not the least restrictive means available to block access to sexually-oriented cable television programming and, as such, violated the First Amendment of the Constitution. The Supreme Court's decision affirms an earlier decision from the United States District Court for the District of Delaware. Section 505 required cable television operators providing channels primarily dedicated to sexually-oriented programming either to fully scramble or block those channels or...

IRIS 2000-7:1/13 [RO] Glorification of Violence to Be Banned

UNESCO's national commission in Romania has asked the Romanian Parliament to enact a law prohibiting publication by the mass media of printed and electronic articles, books and CDs in which any form of violence is glorified. Ruling no.47/2000 of the Consiliul National al Audiovizualului (National Audiovisual Council - CNA) makes provision for several restrictions on the content of broadcasting channels which are designed to protect minors and which - based on self-regulatory mechanisms - ought to prevent the electronic media from publishing anything that might have negative consequences. A recent...

IRIS 2000-7:1/2 Council of the European Union: Decision to Combat Child Pornography on the Internet

On 29 May 2000, the Council of the European Union released its Decision to Combat Child Pornography on the Internet. The Decision substantially endorses the draft Decision presented by Austria on 16 December 1999 (see IRIS 2000-1: 5), while most of the amendments introduced by the European Parliament (see IRIS 2000-5: 3) have been rejected. For instance, the form of a Council Framework Decision proposed by the Parliament has not been accepted, neither has the definition of the actual offence of child pornography. Also, the Decision does not suggest that Member States take the necessary measures...

IRIS 2000-6:1/19 [PL] The New Media Law Adopted

A draft of amendments to the Broadcasting Act 1992 adopted on 31 March 2000 by the Parliament provides for harmonization of Polish audiovisual law with European Union standards. In accordance with the provisions contained in the Directive on "Television Without Frontiers" some new legal definitions were added, such as the definition of sponsorship, teleshopping and surreptitious advertising (the latter is banned). Advertising issues were regulated as a whole in the law; several restrictions on advertising were introduced, some of them even stricter than those stipulated by the "Television Without...