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IRIS 1999-10:1/15 [ES] Developing the Revised Spanish Law on the implementation of the "Television Without Frontiers" Directive

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...

IRIS 1999-10:1/10 [DE] Advertisements Making Use of Historic Figures of our Time

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...

IRIS 1999-9:1/2 European Commission: Amended Proposal for the E-Commerce Directive

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,...

IRIS 1999-8:1/26 [SI] Redefining Position of Public Service Broadcaster

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...

IRIS 1999-8:1/24 [GB] New E-Commerce Bill Open to Public Discussion

On 23 July 1999 the British Government published the draft of the Electronic Communications Bill. The first proposal relating to this Bill gave rise to a substantial amount of criticism by some members of the Government. Because of this, the British Department of Trade and Industry has departed from the previous proposal on a number of relevant issues, ranging from the originally envisaged system of mandatory controls on the use of encryption, to the extremely strict regulation on the matter of unsolicited e-mails. The original proposal concerning the possibility for law-enforcement bodies to obtain...