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The European Court of Human Rights has delivered a decision regarding the criminalization of the possession, reproduction and public display of child pornography, freely downloaded from the Internet, and its compatibility with freedom of (artistic) expression. The issue before the European Court was whether the conviction of an artist for including child pornography in a work exhibited at an art exhibition violated the right to freedom of expression under Article 10 of the European Convention of Human Rights. Ms. Ulla Annikki Karttunen is a Finnish artist who exhibited her work “the Virgin-Whore...

On 19 September 2011, the Kommission für Jugendmedienschutz der Landesmedienanstalten (Land Media Authorities’ Commission for the Protection of Minors in the Media - KJM) announced the recognition of two new voluntary self-regulatory authorities (see IRIS 2011-7/17). According to the press release, Freiwillige Selbstkontrolle der Filmwirtschaft (Voluntary Self-Regulation of the Film Industry - FSK) and Unterhaltungssoftware Selbstkontrolle (Voluntary Self-Regulation of Entertainment Software - USK) - both of which have, for a long time, been recognised as self-regulatory authorities for the age...

On 13 September 2011 the European Commission adopted a report on how member states are implementing EU recommendations (dating from 1998 and 2006) on the online safety of children. Member states are increasingly making efforts to implement these recommendations, but it seems action in this area is insufficient and inconsistent between countries. Moreover, the scenery has rapidly changed since the last evaluation. Accordingly further action is needed. Neelie Kroes, Commission Vice President for the Digital Agenda said: "Children are going online more, and younger, and are exploring an exciting digital...

On Sunday 1 May 2011 in the early evening (around 18:20), the programme True Blood was broadcast on the Flemish digital-only channel Acht. This episode contained horrific images, such as a chained man in a dungeon between dead bodies covered with blood. The Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM) ruled that the broadcaster infringed Art. 42, §2 of the Mediadecreet (Flemish Broadcasting Act). Article 42 of the Flemish Broadcasting Act contains rules protecting minors against harmful content. Article 42 §1 includes an absolute ban on linear television programmes that might...

On 20 January 2011 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted deliberation no. 19/11/CSP setting up a standing monitoring Observatory on product placement. On account of the complexity of the subject, the Observatory is aimed at dealing with the practical enforcement of the primary rules adopted in 2010 in implementation into Italian legislation of Article 11 of the AVMS Directive 2010/13/EU (see IRIS 2008-1/3). Article 15 of legislative decree no. 44/2010 (see IRIS 2010-2/25) which introduced a new Article 40-bis into the Italian Broadcasting...