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IRIS 2011-9:1/19 [FR] France Télévisions Adopts a “Channels Charter”

The public-service television company France Télévisions has just adopted a “Channels Charter”. Its Chairman and Managing Director, Rémy Pflimlin, claims it is the first to be drawn up by an audiovisual group in France. Public-sector television has a particular role to play in the country’s democratic life as well as in its social and cultural life - on the basis of this idea, the France Télévisions group wanted to define the fundamental principles that ought to determine the course of its action and that of its employees. The text recalls the “ethical rules” and the “public-service missions” required...

IRIS 2011-9:1/15 [DE] Federal Government Statement on TMG Amendment

The Federal Government has issued a statement in response to the bill tabled by the Bundesrat (upper house of parliament) amending the Telemediengesetz (Telemedia Act - TMG). The bill, based on a draft text adopted in June 2011 in order to improve data protection on online platforms, was tabled on 3 August 2011 (doc. 17/6765). By means of the bill, the Bundesrat endeavours to increase information obligations for service providers, improve transparency in relation to the gathering, processing and use of personal data, and provide clearer information, particularly for young people, about the “dangers...

IRIS 2011-9:1/1 European Court of Human Rights: Sipoş v. Romania

In a remarkable judgment the European Court of Human Rights has come to the conclusion that Romania breached the right of privacy of a journalist when the Romanian courts acquitted the director and the coordinator of the press office of the Romanian Television Company (SRTV) in criminal defamation and insult proceedings. At the heart of the case lies a press release published by the management of the Romanian State TV channel, after removing the applicant, Ms. Maria Sipoş, from a programme that she produced and presented on the National State channel România 1. Following her replacement...

IRIS 2011-8:1/34 [IT] New Italian Draft Regulation on Online Copyright

On 6 July 2011, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) approved (with seven votes in favour, one vote against and one abstention) a draft regulation of online copyright, Delibera 668/2010 (Decision 668/2010). The regulation establishes that for the removal of content protected by copyright, Agcom’s procedure is an alternative procedure, not substitutive in respect of the judicial procedure, intended to cease from the moment one of the parties appeals to the courts. The publication of the draft in the Gazzetta Ufficiale (Official Gazette) will...

IRIS 2011-8:1/29 [IT] The Yahoo! Decision (follow up)

On 16 June 2011 the Intellectual Property Section of the Italian Court of Appeal overturned the Court of Rome’s recent decision in the Yahoo! Case regarding the removal of links that infringe copyright (see IRIS 2011-7/30). The Ninth Section of the Court of Rome had found that Yahoo! acted as an accessory in the proliferation of pirated links, establishing for the first time liability for contributory infringement of search engines that do not take an active role in combating online piracy. The Court of Appeal has now accepted all the requests submitted by Yahoo!. According to the Court, Yahoo!...