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IRIS 2012-8:1/38 [US] Supreme Court on Indecency

On 21 June 2012, the Supreme Court issued a much-commented decision on indecency. The Federal Communications Commission (FCC) recently amended its indecency policy to find fleeting expletives and fleeting nudity actionably indecent. In 2009, the US Supreme Court (the Court) in Fox v. FCC upheld the amended policy and remanded the challenge by Fox Television Stations Inc. (Fox) to the Second Circuit for further proceedings consistent with its holding (see IRIS 2009-6/32). On 21 June 2012, the Court resolved the case by invalidating penalties levied against Fox for airing fleeting expletives and...

IRIS 2012-8:1/36 [RU] New Rules for Internet

On 11 July 2012 the State Duma (parliament) adopted in the final reading a federal statute titled О внесении изменений в Федеральный закон “О защите детей от информации, причиняющей вред их здоровью и развитию” и отдельные законодательные акты Российской Федерации (“On amendments to the Federal Statute “On the Protection of Minors against Information Detrimental to their Health and Development” and to other legal Acts of the Russian Federation”). It was signed into law by President Vladimir Putin on 28 July 2012. The new Statute introduces a number of changes to the regulation of Internet, not...

IRIS 2012-8:1/35 [RO] Final Rejection of the Modification of the Act on Preventing and Fighting Pornography

On 19 June 2012, the Romanian Chamber of Deputies (lower Chamber of the Parliament) rejected by a large majority a Bill on the revision and modification of Law no. 196/2003 on preventing and fighting pornography. The Bill was rejected by 184 votes to 6, with two abstentions. On 26 April 2011, the Bill had been rejected by the Romanian Senate (upper Chamber), although the Chamber of Deputies took the final decision (see IRIS 2003-1/27, IRIS 2004-2/36, and IRIS 2011-6/28). The bill had been proposed by the Romanian Government in January 2011. It aimed to amend and supplement the legal framework on...

IRIS 2012-8:1/34 [RO] Decision on the Provision of On-demand Audiovisual Media Services

On 29 May 2012, the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA) adopted Decision no. 320 on the provision of on-demand audiovisual media services. The Decision, adopted in order to further the transposition of the Directive 2010/13/EU (Audiovisual Media Services Directive), was published in the Official Journal of Romania no. 434 of 30 June 2012 (see IRIS 2009-3/30). The provisions of the Audiovisual Law no. 504/2002, as amended, and the Audiovisual Code (Decision no. 220/2011 regarding the Regulatory Code of the Audiovisual Content) apply to on-demand services, bearing...

IRIS 2012-8:1/32 [IT] Italian AVMS Code Amended

On 28th June 2012 the Italian Government adopted Legislative Decree no. 120/2012 amending the Italian AVMS Code (Legislative Decree no. 177/2005, already amended in 2010, when the AVMS Directive was implemented into Italian legislation: see IRIS 2010-2/25 and IRIS 2010-4/31). This Decree has been adopted with the aim of amending some provisions on the protection of minors and trailers of cinematographic works adopted in 2010 at the time of the implementation of the AVMS Directive and which led to some remarks by the European Commission (see IRIS 2011-5/5). With regard to trailers of cinematographic...