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Drawing conclusions from the first year of the application of the Act of 12 May 2010 organising an opening up of competition for online gambling, and taking documented practice into consideration, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has issued a new recommendation on the conditions for radio and television stations broadcast of advertising for operators of gambling and games of chance. Article 7 of the Act of 12 May 2010 leaves the CSA the job of determining the conditions for broadcasting advertising, sponsoring, and product placement in favour of operators...

As part of its duty to protect children and young people, conferred on it by Article 15 of the Act of 30 September 1986, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) ensures not only the protection of young viewers but also the protection of minors taking part in television programmes. On 17 April 2007 it therefore adopted a deliberation on the participation of persons under the age of 18 in television programmes other than works of fiction (see IRIS 2007-6/17). This text reaffirms the need for young people to be able to express their opinions, and requires editors...

In a recent landmark case the Danish Supreme Court decided the criteria for calculating compensation and damage in illegal file-sharing cases. The decision also contained an interesting reasoning regarding the assessment of evidence in these cases. The case concerned whether a person (A) by use of a software programme, Direct Connect, had made a large number of musical works available to the public from his computer in violation of the Copyright Act. The rightsholders had via a specially developed programme established contact with a certain IP address over a period of time and obtained computer-generated...

A campaign of the civic rights organisation Iuridicum Remedium (IuRe) against the public surveillance of everyday communication resulted in considerable success: spying on communication was judged unconstitutional. On 31 March 2011 the Constitutional Court agreed with IuRe privacy protection activists and a group of 51 MPs, who in March 2010 had submitted a proposal calling for a repeal of the relevant sections of the Electronic Communications Act implementing obligations on mobile operators and internet providers to retain communications data for the purpose of police investigations. The Electronic...

On 28 April 2011, the Austrian Nationalrat (National Assembly) approved, with only minor amendments, government bills designed to implement Data Retention Directive 2006/24/EC (see IRIS 2011-4/9). The regulations should enter into force on 1 April 2012. Following controversial debates in the relevant committees, the bill amending the 2003 Telekommunikationsgesetz (Telecommunications Act - TKG) was submitted to the plenary session for a vote on 7 April 2011 and was adopted with the support of the government coalition parties (ÖVP and SPÖ). The opposition parties (FPÖ, Greens and BZÖ) voted unanimously...