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After the films “Love”, “Saw 3D” and “Nymphomaniac”, it is the turn of “La Vie d’Adèle” (English title: “Blue is the Warmest Colour”), which was awarded the Palme d’Or at the Cannes Film Festival in 2014, to have its classification licence issued by the Minister for Culture withdrawn. In the present case, an association and a number of parents of under-18-year-olds had applied to the Administrative Court for the decision by the Minister for Culture granting a classification licence to the film to be changed to include a ban on the film being shown to anyone under 12 years’ old and for it to carry...

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...