Search results : 978

In a ruling issued on 26 May 2009 (case no. VI ZR 191/08), the Bundesgerichtshof (Federal Supreme Court - BGH), overruling the two previous decisions of the Landgericht Kassel (Kassel District Court - LG) and the Oberlandesgericht Frankfurt (Frankfurt Appeal Court - OLG), decided that the cinema film about the so-called "Cannibal of Rotenburg" could be shown. The film portrays the life story of the plaintiff, known as the "Cannibal of Rotenburg", who was sentenced to life imprisonment for murder and disturbing the peace of the dead after killing a man in March 2001, removing the bones from his...

The European Court in a recent judgment clarified the relation of the freedom of the press (Art. 10) vis à vis the right of privacy (Art. 8) and the presumption of innocence (Art. 6 para. 2) in a case of crime-reporting in the media. The applicant, A, is a Norwegian national with a criminal past. The case concerns A’s complaint about the unfavourable outcome of a defamation suit he brought against the Fœdrelandsvennen newspaper, following its publication of two articles concerning the preliminary investigation into a murder case which implicated him. A had been questioned as...

Finally the Enforcement Directive 2004/48/EC has been implemented in Sweden. The introduction of amendments to inter alia the Copyright Act on the 1 April 2009 has been highly debated by the Swedish public, while the Commission has complained on the late implementation. The implementation has been commonly named the “IPRED law”, when in fact it introduces several amendments and changes to inter alia the Copyright Act. Rightsholders have demanded the implementation in order to enable their protection against illegal distribution, criticising the problems with attempts to hinder illegitimate file...

Ofcom, the UK communications regulator, has imposed a record fine of GBP 150,000 on the BBC for the broadcast of offensive material, invasion of privacy and failures of compliance, in relation to the “Russell Brand Show” broadcast on the radio. The presenters of the pre-recorded show had made offensive phone calls to the answerphone of a distinguished actor, claiming that one presenter, Russell Brand, had had a sexual relationship with the actor’s granddaughter; this was broadcast with further reference to the sexual relationship. After a newspaper campaign, Ofcom received almost 2,000 complaints...

The Vermittlungsausschuss (Mediation Committee - VA) of the Bundestag and Bundesrat (lower and upper houses of parliament respectively) has reached an agreement on the Gesetz zur Neuordnung der Entschädigung von TK-Unternehmen für Dienste im Rahmen der Strafverfolgung (Act on the reform of compensation for telecommunications companies providing assistance with criminal prosecutions - TKEntschNeuOG). The Bundesrat had convened the VA (see IRIS 2009-2: 11) because it thought some of the fixed amounts laid down in the draft Act to compensate telecommunications companies for surveillance measures...