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IRIS 1995-6:1/20 [DE] Principles for Future Regulations in the Telecommunications Field

On 27 March 1995, the Federal Ministry of Posts and Telecommunications issued a position paper, laying down a number of important principles for future general regulations on telecommunications. The paper reflects the Ministry's current thinking on these questions. When it has been discussed, the next stage will be drafting by experts of a new telecommunications act, with market regulation as its main emphasis. The principles are essentially based on the guidelines laid down in Part II of the European Commission's Green Paper on the Liberalisation of Telecommunications Infrastructure and Cable...

IRIS 1995-6:1/17 [FR] Breach of Right of Privacy and Right of Portrayal during a Television Programme

In a ruling of 18 January 1995, the regional court of Nanterre confirmed that any private individual holds the exclusive rights to the use of his or her own picture, an inherent part of his or her personality, and that the individual in question can refuse the broadcasting or reproduction hereof without his or her express or tacit permission. The facts are as follows : on 19 November 1992, a Reuter's journalist filmed a fire in a building in Paris which included scenes of panic , especially one scene where one of the inhabitants of the building, Laurent Gilles, was hanging from a window before...

IRIS 1995-6:1/15 [FR] Publication by the Satirical Newspaper 'le Canard Enchaîné' of Tax Documents and Concealment of Breach of Professional Secrecy

The Decision (arrêt) of the Court of Cassation of 3 April 1995, upheld the ruling of the Court of Appeal which found the Editor and a journalist of the satirical weekly guilty of publishing of tax documents of Mr.Jacques Calvet. The offence in question was not concealment of theft or of information but "concealment of breach of professional secrecy", through the concealment of photocopies of part of three tax notices of the managing director of one of the main French car manufacturers. The Court found that an employee of the French tax department was behind the disclosure of the tax documents and...

IRIS 1995-6:1/8 European Parliament : Green Paper on Telecommunications

The European Parliament reminds the Commission and the Council of the necessity of making sure that all citizens of the Union can benefit from an affordable, high-quality universal service with reasonable installation times. The Parliament also requested that the provisions governing the universal service should be set out and that these provisions be presented by the Commission as a question of urgency. Basic services and infrastructures should be set up at Union level, according to the different types of end-user concerned. These would be mainly low-income users with limited needs, the average...

IRIS 1995-6:1/5 European Court of Human Rights: Friendly Settlement Following the Photographing and Filming of a Participant at a Demonstration

The Austrian Government and the plaintiff, Mr. Ludwig Friedl, agreed to a friendly settlement, following a demonstration that he had organised with others to draw public attention towards the plight of the homeless in a pedestrian subway passage, the Karlsplatz-Opera in Vienna. After the police had photographed and filmed him in order to establish his identity and had recorded the details in their data bank, Mr.Friedl took the Austrian Government before the European Commission of Human Rights and filed a complaint based on articles 8 (protection of privacy) and 13 (the availability of an effective...