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IRIS 2013-8:1/22 [GB] New Proactive Approach to Seek Out Child Pornography

On 18 June 2013, the UK Culture Secretary announced an agreement with the internet industry that the self-regulatory Internet Watch Foundation will actively seek out images of child abuse on the internet. The Internet Watch Foundation (IWF) was established in 1996 by the internet industry. It receives reports from internet users of sexually abusive images of children, and provides for the industry a ‘notice and takedown’ service, which alerts internet service providers and hosting companies of such content so that it can be removed. The Culture Secretary arranged a summit of major internet service...

IRIS 2013-8:1/14 [DE] BGH Bans Advertising Aimed at Children in Online Role-Playing Game

According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 17 July 2013 (case no. I ZR 34/12), upheld an action brought by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv) and prohibited the software firm Gameforge from advertising game accessories sold in connection with its online role-playing game “Runes of Magic”. The vzbv had already cautioned Gameforge in 2010 and had brought actions in the lower courts. However, these had been dismissed by both the Landgericht Berlin (Berlin District Court) and the Kammergericht...

IRIS 2013-7:1/29 [DE] New State Treaty for the SWR

On 3 July 2013, the Prime Minister of “Rheinland-Pfalz” and the Prime Minister of “Baden-Württemberg“ signed the New State Contract for the public broadcasting system in both countries, the Südwestrundfunk (SWR). The New State Treaty for the SWR came into force on 1 January 2014 and replaced the old State Treaty of 31 May 1997. The new SWR-State-Treaty specifies the programme mandate of the public broadcasting including the online activities of the SWR and directed the programme to a younger audience. By creating more flexible structures, the new state contract wants to allow the SWR the establishment...

IRIS 2013-7:1/21 [NL] Decision of the Dutch Advertising Code Committee on Political Television Broadcasts and Children

On 19 April 2013 the Dutch Advertising Code Committee (DACC Reclame Code Commissie) upheld a complaint regarding a broadcast by the Dutch political party ‘Animals’ Party’ (Partij voor de Dieren). The DACC is a self-regulatory body that receives complaints about breaches of the Dutch Advertising Code. It can advise on complaints but it cannot impose sanctions. If certain expressions in advertising violate the law one can either complain to the DACC or begin civil or criminal proceedings in court. The complaint in question concerned a trailer for a documentary broadcast by the Animals’ Party. The...

IRIS 2013-7:1/17 [IE] Revision of General and Children’s Commercial Communications Codes

On 4 June 2013 the Broadcasting Authority of Ireland (BAI) published revised versions of its General and Children’s Commercial Communications Codes. The Codes deal with advertising, sponsorship, product placement and other forms of commercial promotion. The revisions deal, in particular, with the approach to be taken to products that are high in fat, salt and sugar (HFSS). The Codes apply to all radio and television broadcasters regulated in the Republic of Ireland. The BAI is required under section 42 of the Broadcasting Act 2009 to develop advertising codes to protect the general public health...