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IRIS 2012-10:1/15 [GB] ASA Adjudication on Channel Four Television Corporation’s Posters Advertising a Documentary

On 3 October 2012, the UK’s Advertising Standard Authority (ASA) ruled against Channel Four Television for its posters advertising its documentary based on the film My Big Fat Gypsy Wedding. The posters featured the words "Bigger. Fatter. Gypsier" over an image of a young boy looking directly at the camera and others of two teenagers wearing low-cut bra tops and three young girls dressed for their first Holy Communion standing in front of a caravan. The ASA, on advice from the Equality and Human Rights Commission reviewed the matter in light of the provisions of the UK Code of Non-broadcast Advertising,...

IRIS 2012-10:1/5 [AT] Disclosure of IP Addresses under Security Police Act is Constitutional

On 29 June 2012, the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH) ruled that the disclosure of the owner of an IP address to the security authorities under Articles 53(3a)(2) and (3) of the Austrian Sicherheitspolizeigesetz (Security Police Act - SPG) did not breach either the secrecy of telecommunications or the right to data protection. The plaintiff had given the impression on an Internet chat site that he was offering under-age children (“7-11 year olds, or even younger if required”) for sex. The Vienna police authorities were informed and took immediate steps to ascertain,...

IRIS 2012-9:1/39 [US] Disney Establishes new Standards for Food Advertising on its Programming

On 5 June 2012, the Walt Disney Company (“Disney”) introduced new standards for food advertising on its programming that targets children and families. Under the new advertising policy, “all food and beverage products advertised, sponsored, or promoted on the Disney Channel, Disney XD, Disney Junior, Radio Disney, and Disney-owned online destinations oriented to families with younger children will be required by 2015 to meet” the nutrition guidelines Disney established in 2006. The nutrition guidelines promote fruit and vegetable consumption and call for limiting calories and reducing saturated...

IRIS 2012-9:1/37 [RU] Age Ratings for TV and Online Media Introduced

On 4 September 2012, the governmental watchdog agency for the media and communications, Roskomnadzor (see IRIS 2011-1/46 and IRIS 2011-7/42), issued recommendations to the media outlets on how to apply the recently amended Federal Statute “On the Protection of Minors against Information Detrimental to their Health and Development” (see IRIS 2011-4/34 and IRIS 2012-8/36). In particular, the Recommendations spell out rules for placement of markings for the ratings of the “informational products”, related to the age of their consumers in audiovisual and online media. For TV programmes the sign indicating...

IRIS 2012-9:1/23 [FR] Conseil d’Etat Cancels Rating Certificate for Film by Lars von Trier

In a decision handed down on 29 June 2012, the Conseil d’Etat (France’s highest administrative jurisdiction) has cancelled for a second time the rating certificate for Lars von Trier’s film Antichrist, which prohibited showing it to anyone under 16 years of age. In France, the showing of films in cinema theatres is subject to obtaining a rating certificate (visa d'exploitation) from the Minister for Culture, on the opinion of the Film Rating Board (Commission de Classification des Oeuvres Cinématographiques). The Board may issue a certificate authorising the showing of a film to any audience, a...