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On 31 March the Flemish Parliament voted some important amendments to the 1995 Decree on radio and television. The revision of this Decree was necessary considering the case law of the Court of Justice of the European Communities (CJEC) on the application of the Television without Frontiers Directive (Case C11/95, CJEC 10 September 1996 and Case C-56/96, CJEC 5 June 1997, see IRIS 1996-10: 3 and IRIS 1997-7: 5) and because of the decision of 26 June 1997 by the European Commission (see IRIS 1997-9: 4) that considered the monopoly of the Flemish commercial broadcasting organisation ( VTM) to be...

Under a judgment given by the Federal Administrative Court (Bundesverwaltungsgericht - BVerwG) on 11 March 1998, trailers for films rated suitable only for over-16s or over-18s by the Voluntary Self-Monitoring Authority ( Freiwillige Selbstkontrolle - FSK) may not be shown before 10 or 11 p.m. The regulations on protection of children and adolescents embodied in par. 3, sub-par. 2 to 4 of the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrages - RfStV), in the third amended version of 26.8-11.9.1996, are satisfied only if restrictions on the times at which films containing...

In a judgment given on 7 April 1998, the First Criminal Chamber of the Federal Court (Strafsenat des Bundesgerichtshofs - BGH) upheld an earlier judgment by the Traunstein Regional Court (Landesgericht - LG), acquitting two accused persons of conspiring to commit crimes involving kidnap, murder, sexual abuse of children, rape and sexual violence. Using the pseudonyms "Leather Witch" and "Sado-Hangman", the accused operated a so-called "S/M studio", which they advertised on the Internet. Via E-mail, they offered to provide an undercover investigative journalist with...

Early in February, the Assembly of Land Councils of Private Broadcasters (Landeszentrale für private Rundfunkveranstalter - LPR) in Rheinland-Pfalz brought a formal complaint against the private television channel SAT1. It claimed that an item dealing with a night club, included in a programme shown by SAT1 between 6pm and 6.30pm, had broken the rules on protection of minors. The report featured a woman on display, as a sex object, to large numbers of men at the same time. Under the regulations on protection of minors contained in Article 3 (2) of the Agreement between the Federal States on Broadcasting,...

The Agreement between the Federal States on Broadcasting which regulates public and private broadcasting concerns in Germany (originally adopted on 31 August 1991 and last amended by the third revised version of 26 August 1996/11 September 1996 - see IRIS 1996-8: 12) is to be up-dated. A draft version of a fourth Agreement between the Federal States to amend their existing Agreements on Broadcasting was submitted for discussion by the Länder on 16 January 1998. In addition to bringing in new regulations on certain forms of advertising, media services and data protection, the new version is primarily...