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The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued on 3 November 2011 public warnings to five Romanian commercial television stations (Antena 1, Antena 3, B1 TV, Realitatea TV and OTV) due to the way they covered a car accident caused on 16 October 2011 by the Romanian TV-star Şerban Huidu. The CNA monitored twelve TV stations on this matter. The CNA considered that the accident was covered excessively and that the stations breached legal provisions on dignity, the right to one’s own image and the observance of privacy in a difficult moment of a person’s...

In the Grand Duchy of Luxembourg, the important changes in the framework of European legislation on electronic services and communications contained in Directive 2009/136/EC (“the Directive”) and Directive 2009/140/EC have been transposed into national legislation by an amount of legislation; some of it is new, and some amends previous legislation (see also IRIS 2012-1/32). Most of these changes were promulgated between June 2010 and February 2011. When the deadline for transposition (25 May 2011) was reached, the European Commission initiated proceedings against twenty member States, including...

Under Luxembourg law, the transposition of the European legislative framework for electronic networks and services was initially provided for by the 2005 “Telecom Package”, which comprised four separate acts. The amendments arising from Directives 2009/136/EC and 2009/140/EC have made it necessary to adopt a number of acts amending the initial “package” and to replace several of its component parts. The latest change was made recently by the Act of 28 July 2011 (see also: IRIS 2012-2/33). The other alterations to be made were in fact adopted before the deadline for incorporation into national legislation...

On 4 November 2011 the first civil chamber of the Court of Cassation delivered an interesting decision on the perimeters of the authorisation given by professionals filmed for the purposes of a documentary. In the case at issue, a number of members of the crime prevention police unit in Nice had agreed to their image being used in a reportbroadcast in which they appear carrying out their duties. Although they had agreed to being filmed and their image was broadcast without being blurred, they nevertheless felt that their privacy had been invaded and deplored the fact that their names and rank had...

According to media reports, the Oberlandesgericht München (Munich Appeal Court - OLG) decided in an urgent procedure on 17 November 2011 that YouTube was not obliged to disclose data identifying a user who had uploaded copyrighted material to the copyright holder. In the case at hand, a YouTube user had published film material, which he had obviously created by filming a cinema screen, on the video portal. The film distributor concerned claimed that this breached its rights and demanded that YouTube remove the material and provide it with information about the user’s identity. YouTube immediately...