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IRIS 1995-8:1/23 [CH] Somebody Is Described and Personally Named Aktenzeichen XY in the Television Programme

In media which receive regular public exposure, prejudice to character can only be banned (as a precautionary measure) if it is likely to bring about serious detriment, if no obvious justification exists for it and if the ban does not seem over-exagerated. In the present case, a violation of personal freedom during the explanation of a post office hold-up on an electronic publicly available medium is seen to be jusitified. The basic principle of "innocent until proved guilty" should be taken into consideration when relating on-going criminal proceedings in the electronic and printed media. Any...

IRIS 1995-7:1/38 [ES] Tapping King Juan Carlos' Phone Conversations

The spokesman for the Judges of the Supreme Court declared on 15 June 1995 that the broadcasting of the contents of King Carlos' taped telephone conversations constituted an offence. Article 18 of the Spanish Constitution guarantees the right to privacy, an essential part of the individual's rights. Legal precedents were set in the decisions of the Constitutional Court of 22/1984 and 114/1984. The Institutional Act 1/1982 of 5 May 1982 states that breach of the civil right to honour, personal and family privacy and self-image can be compensated by the award of damages. Articles 192, 192a, 197 and...

IRIS 1995-7:1/36 [AT] Appeal of the International Human Rights Tribunal on Discrimination against Homosexuals and Transsexuals in the Media

From 9 until 12 July 1995 an International Human Rights Tribunal was held in Vienna under the title "50 Years of the 2nd Republic, 50 Years of Gay and Lesbian Repression". 7 senates each dealing with a different field and made up of rotating teams of experts and other prominent members, heard the accusations and evidence given and pronounced their ruling. Freda Meissner-Blau, the candidate for the presidential elections of 1986 (defeated at the time by Kurt Waldheim) and who is the founding party leader of the Greens in Parliament presided over the court accompanied by the publisher of FORUM, Gerhard...

IRIS 1995-7:1/27 [DE] Ruling by the Bundesgerichtshof (Federal Supreme Court) on Video Surveillance of a Public Footpath

On 25 April 1995 the 4th senate for civil matters of the Federal Supreme Court (Bundesgerichtshof) issued a ruling concerning the surveillance of a public footpath using a private video camera. The parties are neighbouring landowners who have joint access to their respective properties by a 1.2-metre wide public footpath. The issue of the case was that the defendant had installed a camera on her land, the purpose of which was to survey part of the footpath over the whole of its width after rubbish had been thrown onto her land on frequent occasions from the said footpath. She used the programmable...

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...