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In a decision of 25 November 1999, the Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) overturned two court rulings which a private television broadcaster had complained were unconstitutional. The courts concerned had banned the broadcaster from showing a particular film. A further appeal against a ruling which had permitted the broadcast, however, was rejected. Each case concerned a film about the murder of several soldiers in Lebach in January 1969. The two main offenders responsible for the murders had taken court action to prevent the programme being broadcast. Whereas the...

The most important legal provision in Spanish Broadcasting Law as far as content regulation is concerned is Law 25/1994, on the implementation of the "Television Without Frontiers" Directive. The Law 25/1994 was amended in June 1999 by Law 22/1999, which incorporated into Spanish Law the new "Television Without Frontiers" Directive (EC Directive 97/36/EC). Now, Spanish Law 25/1994 (as amended by Law 22/1999; see IRIS 1999-7: 10) has been developed by a Regulation approved by the Government. This Regulation, which only applies to national broadcasters, deals with several matters: - The right of...

In its judgement of 2 September 1999, the Oberlandsgericht Munich (Regional Court of Appeal - (OLG) fully endorsed the temporary injunction granted by the Landgericht Munich (District Court). The Landgericht (LG) had restrained the publishing house concerned from making use of a portrait of the plaintiff`s mother for commercial purposes, in particular for television advertising, inasmuch as this picture was not reproduced in the editorial section of the same issue of the newspaper being advertised. A general ban on the use of portraits in advertising, for which the plaintiff had petitioned, was...

On 1 September 1999 the European Commission presented an amended proposal aiming at establishing a coherent legal framework for the development of electronic commerce within the single market. The first proposal of the Directive dates back to 18 November 1998 (see IRIS 1999-1: 3). The main reason behind the proposal is the need to provide solid guarantees for services in the information society in order to benefit fully from the freedom of movement of services and the freedom of establishment within the EU. The proposed directive embraces the fields of commercial communications, electronic contracts,...

In 1998, the Constitutional Court invalidated the decree which had been adopted on the basis of the Law on the public service broadcaster RTV Slovenia and served as the legal basis for the collection of licence fee. While RTV Slovenia remains entitled to collect the fee, the Court instructed Parliament to amend the law in such a way that RTV Slovenia will also have a legal basis for gathering information on citizens who are liable for payment. The Court's request must be satisfied by October this year. Members of Parliament belonging to the ruling coalition have submitted a proposal for amendment...