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IRIS 2004-10:1/3 European Court of Human Rights: Case of Plon v. France

This case concerns the prohibition of the distribution of the book written by Dr. Gubler " Le Grand Secret ", about the former president Mitterrand and how his cancer had been diagnosed and medically treated. The central question is: was the prohibition of the distribution of the book in 1996 to be considered as necessary in a democratic society in order to protect the deceased president's honour, his reputation and the intimacy of his private life? Many items of information revealed in the book were indeed legally confidential and were capable of infringing the rights of the deceased...

IRIS 2004-10:1/2 European Court of Human Rights: Application by Österreichischer Rundfunk Declared Inadmissible

The European Court of Human Rights, in a decision of 25 May 2004, has come to the conclusion that Austria has not violated Article 10 of the Convention by prohibiting in 1999 the Österreichischer Rundfunk (ORF) from publishing pictures of a person (B.) showing him as an accused during the well known letter-bomb campaign proceedings of some years before. B. had started proceedings in 1998 against the ORF requesting that the broadcasting company be prohibited from publishing without his consent pictures showing him as an accused in the courtroom, referring to the letter-bomb campaign without...

IRIS 2004-9:1/28 [LU] Act on Freedom of Expression in the Media

On 8 June 2004 the Grand Duchy of Luxembourg adopted new legislation on the press, repealing the Act of 20 July 1869 on the press and other means of publication, an Act that many commentators considered outdated. The Act of 20 December 1979 on the recognition and protection of the professional title of journalists has also been replaced. By emphasising the guarantee of freedom of expression, the new legislation is closer to the spirit of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The new legislation reinforces the rights of journalists as...

IRIS 2004-9:1/19 [FR] Exception for Artistic Purposes - Another Exception to the Right of Personal Portrayal?

On 2 June 2004 the press chamber of the Regional Court of Paris delivered a judgment that has attracted particular attention, concerning the right of personal portrayal, by supporting the freedom to communicate ideas that are specially expressed in an artist's work. A photographer had published a book, co-produced in conjunction with a philosopher/sociologist, of unidentified faces photographed in the Paris metro. One of the people photographed complained that he had discovered quite by chance that he was included in the book and had also been used in a film. He claimed that the publication, without...

IRIS 2004-9:1/12 [CZ] Law on Certain Information Society Services

The Czech Parliament has adopted Law no. 480/2004 on certain information society services, which entered into force on 7 September 2004. The new law is designed to implement Directive 2000/31/EC of 8 May 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. In accordance with the Directive, the new law defines terms such as "information society services", "service provider", "established service provider", "recipient of the service", "consumer" and "commercial communication". The law explains that service providers are not liable...