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IRIS 2019-9:1/11 [DE] Administrative Court suspends KJM decision on 'JusProg' youth protection system in summary proceedings

In a decision taken in summary proceedings on 28 August 2019, the Verwaltungsgericht Berlin (Berlin Administrative Court) temporarily removed the immediate enforceability of a decision taken by the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) denying the suitability of the ‘JusProg’ youth protection system. The court ruled that the KJM’s decision that the Freiwillige Selbstkontrolle Multimedia-Dienstleister e.V. (FSM) had exceeded its scope of discretionary power by declaring the system suitable was unlawful. On 2 February 2019, the FSM, a recognised...

IRIS 2019-9:1/1 European Court of Human Rights: Pryanishnikov v. Russia

The European Court of Human Rights (ECtHR) has delivered a judgment concerning the refusal to grant a film reproduction licence to a Russian film producer on the ground that he was suspected of producing and distributing pornographic films. The ECtHR found that the refusal was a too far-reaching and non-justified restriction on the film producer’s freedom of expression, violating Article 10 of the European Convention on Human Rights (ECHR). The applicant in Pryanishnikov v. Russia is a film producer who owns the copyright to over 1 500 erotic films. The films were approved for public distribution...

IRIS 2019-8:1/35 [RO] National Audiovisual Council - focus on very sensitive cases

The Consiliul Naţional al Audiovizualului (National Audiovisual Council, CNA) focused on very sensitive cases which have been covered intensively by the mass media over the last few months. The CNA issues sanctions or warnings (see IRIS 2010-8/42, IRIS 2011-1/44, IRIS 2012-1/39, IRIS 2012-4/36, ans IRIS 2017-6/27). On 29 July 2019, the National Audiovisual Council called onbroadcasters to act in a decent and responsible manner in the case of crimes in Caracal, southern Romania, and to respect fundamental human rights and freedoms, the protection of human dignity and the right to one's own image,...

IRIS 2019-8:1/34 [RO] Modification of the Audiovisual Code

The Consiliul Naţional al Audiovizualului(National Audiovisual Council, CNA) adopted Decision No. 614 of June 11, 2019, for amending and completing Decision No. 220/2011 of the National Audiovisual Council with regard to the Code of Regulation of the Audiovisual Content. The decision was published in the Official Journal of Romania No. 517 of June 24, 2019, Part I (see, inter alia, IRIS 2014-5/28 and IRIS 2017-4/31). After Article 41 (1) c), a new paragpraph (d) was introduced which stipulates that audiovisual media service providers cannot broadcast: "images from funerals, except for news and/or...

IRIS 2019-8:1/28 [IE] Broadcasting Authority publishes submission to public consultation

On 24 June 2019, the Broadcasting Authority of Ireland (BAI), the country's independent regulator for radio and television broadcasters, published its submission to the Irish Government’s "Public Consultation on the Regulation of Harmful Online Content on Online Platforms and the Implementation of the Revised Audiovisual Media Services Directive" (AVMSD (EU) 2018/1808). The public consultation was initiated by the Communications Minister, Richard Bruton, in March 2019, in response to the European Council’s adoption of the revised AVMSD, which all EU member states are required to transpose into...