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On 21 September 2015, the Romanian Senate (upper chamber of the Parliament) rejected modifications of Audiovisual Law no. 504/2002. The Senate’s decision was final. According to Article 13 of the Audiovisual Law, the appointment of Members of the National Audiovisual Council (Consiliul Naţional al Audiovizualului, CNA) may be revoked on request by a specialized commission of the Parliament, in case a Member is not able to exert his function for a period longer than 6 months, and in case of a penal conviction applied by a final court decision. According to the rejected modification of Article 13...

On 1 September 2015, the Broadcasting Authority of Ireland (BAI) held, by a majority, that showing a model of an erect penis having a condom put on it did not violate broadcasting rules on offence, harm, or the protection of children. The decision arose following a complaint made about an "Ireland AM" programme broadcast by TV3. Ireland AM is a morning programme with a range of content, broadcast between 7 a.m. and 10 a.m., and during a discussion on contraception, a model of an erect penis was shown having a condom put onto it. The complainant claimed that “this type of material is completely...

After the administrative court this summer (see IRIS 2015-8/15), it has been the turn of the Conseil d’Etat to consider the classification licence issued to Gaspar Noé’s film “Love”; and delivered its decision on 30 September 2015. In the case at issue, the Ministry of Culture - which in July had issued a classification licence preventing the film being shown to minors over 16 years of age - and the production companies had called on the Conseil d'Etat to cancel the order delivered under the urgent procedure suspending performance of the licence because it did not allow the film to be shown to...

On 15 September 2015, the Spanish Supreme Court upheld the decision from the Court of Appeal, which found three members of the panel of speakers from the popular TV programme "Sálvame" responsible for defamation, after insulting Spanish socialite Carmen Lomana on air. The defendants will have to compensate Lomana with EUR 120 000 in total (EUR 60 000, EUR 30 000 and EUR 30 000 respectively). The decision from the Court of Appeal had already recognised the existence of “an illegal interference with the reputation of the applicant for the serious and repeated insults made during the Sálvame and Sálvame...

The compliance committee of the Broadcasting Authority of Ireland (BAI) has held that the broadcaster 98FM violated a number of broadcasting rules during a live phone-in programme on the issue of minors sending inappropriate pictures of themselves. A complaint had been made by the mother of a 13-year-old girl over an April 2014 broadcast of 98FM’s phone-in programme Dublin Talks. The complainant claimed that her daughter’s participation in the programme breached the broadcasting act’s rules on harm and offence, and the broadcasting code’s rules on harm and privacy. The Dublin Talks programme featured...