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IRIS 2007-10:1/7 [BA] Draft Changes and Amendments to the Broadcasting Code of Practice

The Council of the Communications Regulatory Agency (RAK), at its September session, has decided to hold public consultations on draft changes and amendments to the Broadcasting Code of Practice. The original version of the Broadcasting Code of Practice was adopted in 1998 and has since been changed and amended in 1999, 2000, 2001 and 2004. The new draft brings substantial changes in line with the basic principles of the EU with regard to the broadcasting sector. Unlike the existing Code which comprises only five brief chapters and a dozen paragraphs and sections, the new Draft consists of 35 paragraphs....

IRIS 2007-9:1/20 [GB] Legislation to Permit Disclosure of Data to Assist Help in Digital Switchover

The Digital Switchover (Disclosure of Information) Act 2007 permits the Department for Work and Pensions and other public authorities to disclose information to the BBC and to any company that the BBC makes use of for the purpose of the Digital Switchover Help Scheme. Digital switchover and the end of analogue television broadcasting will be implemented in the UK in stages between 2008 and 2012. The Government decided to assist this process by establishing the Digital Switchover Help Scheme to provide assistance to those aged 75 or over, those with a severe disability or those who are blind or...

IRIS 2007-9:1/19 [GB] BBC Loses Court Battle over Programme’s Exposure of Woman’s Identity

The English High Court recently ruled against the BBC in a case in which it undertook the “ultimate balancing exercise”: weighing the claimant’s Article 8 right not to have her privacy invaded against the Corporation’s Article 10 right to freedom to broadcast. The BBC planned to broadcast one of a series of programmes on the topic of adoption. The programme in question dealt with the issue of a woman (T) whose two-year old daughter was being handed over to a couple for adoption, the authorities believing this to be in the best interests of the child. It was planned that footage would be broadcast...

IRIS 2007-9:1/3 Court of Justice of the European Communities: No Obligation to Pass On Traffic Data to Private Entities for Civil Court Proceedings Against Copyright Infringements

In her conclusions in case C-275/06, the Advocate General proposed that the Court of Justice of the European Communities (ECJ) should declare a Spanish law prohibiting the communication of traffic data to private entities, for civil court proceedings against copyright infringements, to be compatible with Community law. The complainant in the original case is Productores de Música de España (Promusicae), a not-for-profit association of producers and publishers of musical and audiovisual recordings. It had instigated court proceedings against Telefónica de España SAU (Telefónica) in order to obtain...

IRIS 2007-8:1/43 [DE] Supreme Court Protects Images of Partners of Famous People

In a case involving the publication of photographs in the media, the Bundesgerichtshof (Federal Supreme Court - BGH) has again given personality rights priority over the freedom of the press. In a ruling of 19 June 2007, the BGH upheld a complaint by the partner of pop singer Herbert Grönemeyer by dismissing an appeal made against the earlier rulings of lower instance courts. In May 2004, the defendant, a newspaper, had published two pictures of Grönemeyer and his partner. In one picture, Grönemeyer's partner is looking at Grönemeyer in a café. The words "The look of love … Grönemeyer and his...