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IRIS 2011-10:1/38 [DE] Higher Administrative Court Confirms Press’s Right to Information in Case brought against the Land of Brandenburg

In a decision of 28 October 2011, the Oberverwaltungsgericht Berlin-Brandenburg (Berlin-Brandenburg Higher Administrative Court- OVG) issued an injunction ordering the Land of Brandenburg to provide the applicant in the proceedings, the chief reporter of a national newspaper, with information in accordance with the Brandenburgisches Pressegesetz (Brandenburg Press Act - BbgPG). The applicant had requested detailed information on a total of thirteen judges and a public prosecutor who are currently working for the Brandenburg courts and in respect of whom there is evidence that they co-operated with...

IRIS 2011-10:1/15 [FR] Conseil d’Etat Confirms Legality of the HADOPI Decrees

On 19 October 2011 the Conseil d’Etat rejected the applications brought by the Apple companies and the Internet access provider FDN against the decrees on the organisation and functioning of the high authority for broadcasting works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet - HADOPI). In doing so, the Conseil d’Etat validated the “graduated response” procedure, which it deems to be in compliance with the European Convention on Human Rights. This procedure, set up by the Acts of 12 June 2009 and 28 October...

IRIS 2011-10:1/5 Committee of Ministers: Recommendation on the Protection and Promotion of the Universality, Integrity and Openness of the Internet

On 21 September 2011, the Committee of Ministers adopted Recommendation CM/Rec(2011)8 on 'the protection and promotion of the universality, integrity and openness of the Internet.' In the recommendation, the Ministers explicitly connect the resilience and stability of the Internet with freedom of expression and access to information (para. 2-6). Furthermore, the Recommendation acknowledges the interdependence of member states on each others’ actions and legal systems for the proper functioning of the Internet and its infrastructure. Thus, it ambitiously calls upon states to cooperate and assist...

IRIS 2011-9:1/28 [MT] Yes for Divorce Movement/Yes for Marriage v Broadcasting Authority

On 23 May 2011 the Civil Court, First Hall, sitting in its constitutional capacity, held that the Broadcasting Authority - by withholding two political spots from being broadcast during the divorce referendum campaign - was not in breach of freedom of expression under the Constitution of Malta and the European Convention on Human Rights and Fundamental Freedoms. No appeal was lodged against this judgment to the Constitutional Court. In Advocate Dr. Deborah Schembri and others in their personal name and on behalf of the Yes for Divorce Movement/Yes for Marriage, the said Yes Movement filed a freedom...

IRIS 2011-9:1/27 [IT] AGCOM Regulation and Self-Regulatory Rules on the Representation of Judicial Processes in Television

At the beginning of 2008 Agcom (the Italian Communications Authority) adopted Deliberation no. 13/08/CSP, pointing out the risks that arise from making a show of ongoing judicial processes in TV programmes, such as docu-dramas and docu-fictions, which reconstruct legal cases in spectacular and attractive ways, in order to increase the audience by creating a sort of media tribunal that almost replaces the real one and compromising objectivity and impartiality of information. Throughout the above-mentioned deliberation, Agcom set out the following guiding principles for a correct representation of...