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IRIS 2015-1:1/8 [BG] Regulator publishes activity report for first half of 2014

On 31 October 2014, the Bulgarian regulator, the Council for Electronic Media, published the report on its activities for the first half of 2014. During the period in question, the Council for Electronic Media reported 69 infringements, ten more than in the second half of 2013. In 68 of these cases, the Bulgarian Broadcasting Act had been infringed. Fines were imposed against 24 audiovisual media service providers, 42 companies that only distribute audiovisual content and three radio stations. The cases essentially involved four types of infringement. Some of the cases concerned breaches of provisions...

IRIS 2014-10:1/24 [LU] Ratification of the Council of Europe Convention on Cybercrime

On 18 July 2014, the Grand Duchy of Luxembourg formally ratified and implemented the Council of Europe Convention on Cybercrime, as well as its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems. As the Grand Duchy was one of the last members of the Council of Europe that had signed (in 2003), but not ratified the Convention and its Protocol, the Chambre des députés (parliamentary assembly) had become subject to pressure from a number of international organisations. Luxembourg had already introduced, before the increasing...

IRIS 2014-10:1/23 [IE] Complaint against broadcast of dance routine with sexual overtones upheld

At its meeting of July 2014, the Compliance Committee of the Broadcasting Authority of Ireland (BAI) upheld, in part, a complaint made against the broadcast of a dance routine, which included clear sexual overtones. The complaint concerned the broadcast of the dance routine at 6:30pm on a Sunday evening on RTÉ television’s The Voice of Ireland, without any prior audience warnings or notifications as to the nature of the content. Under section 48 of the Broadcasting Act 2009, viewers can complain about broadcasting content, which they believe is not in keeping with broadcasting codes and rules....

IRIS 2014-10:1/10 [DE] Federal Government report on progress in combating child pornography on the Internet

In mid-September 2014, the Federal Government submitted a “report on the measures taken in 2013 to remove telemedia services containing child pornography” in accordance with Article 184b of the Strafgesetzbuch (Criminal Code - StGB) to the German lower House of Parliament (Bundestag)”. In the digital world, images of sexual abuse of children are distributed to a high but unknown number of users worldwide. There is therefore an urgent need to effectively protect the victims of this abuse. With this aim in mind, the Federal Criminal Police Authority (Bundeskriminalamt - BKA), the national body jugendschutz.net,...

IRIS 2014-10:1/9 [DE] Discontinued porn films constitute official information in accordance with the Freedom of Information Act

In a ruling of 22 September 2014 (case no. 13 K 4674/13), the Verwaltungsgericht Köln (Cologne Administrative Court - VG) upheld a private collector’s right to a copy of a pornographic film. The plaintiff had initially asked the Bundesprüfstelle für jugendgefährdende Medien (Federal Department for Media Harmful to Young People - BPjM) for a copy of the classified video film, which was no longer available to buy, “for his own use”. His request was rejected by the BPjM on the grounds that, firstly, the request had not been made within the scope, and for the purposes of the Freedom of Information...