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IRIS 2018-9:1/27 [MK] Study of the media landscape

A study entitled “Media Regulatory Framework and the Online Media - the Macedonian Case”, which was supported by the European Union and the Council of Europe, showed that no additional media regulation of new media is needed in that country. This outcome highlights the need to maintain freedom of the media as the main public policy objective and therefore avoid any type of content regulation, supporting instead, where necessary, self-regulation. Current discussions concerning reform of the media regulatory framework in Macedonia is intended to ensure professional standards of media reporting and...

IRIS 2018-9:1/19 [GB] Ofcom decision that undercover report at a young offenders institution breaches privacy

The BBC breached Rule 1.28 of Ofcom’s Code of Conduct for broadcasting undercover footage using the real name of an under-eighteen-year-old during an edition of their Panorama current affairs programme. However, the BBC was not considered in breach for not taking immediate intervening action as neither of them were considered to be at immediate risk of substantial harm.   In January 2016, the BBC’s Panorama programme examined evidence of young people in the Medway Secure Training Centre (MSTC) - then being operated by the private security company G4S - being allegedly mistreated, bullied and hurt...

IRIS 2018-9:1/17 [FR] CSA adopts 20 proposals to reform audiovisual regulation

Reforming audiovisual regulation is one of the Ministry of Culture’s main priorities after the summer break. According to insiders, Minister for Culture Françoise Nyssen is hoping, in the next few months, to finalise a text for discussion by Parliament in the first half of 2019. On 11 September, the French national audiovisual regulatory authority (the Conseil Supérieur de l’Audiovisuel - the CSA) unveiled its “twenty proposals for reforming audiovisual regulation”. The first task, according to the CSA, is to broaden the scope of the regulations by incorporating video-sharing platforms, social...

IRIS 2018-9:1/11 [ES] CNMC requires two broadcasters to ensure that their magazine programmes and gatherings comply with the Audiovisual Law

On 26 July 2018, the Spanish Comisión Nacional de los Mercados y la Competencia (National Commission of Markets and Competition, CNMC), in two separate decisions, required that two broadcasters, Atresmedia and Mediaset, comply with the principles of Law 7/2010 of March 31 on General Audiovisual Communication (LGCA). Entertainment programmes are subject to a balance between the right to freedom of expression and information (as long as that information is true and correct) and the right of individuals to protect their image, intimacy and honour. Both rights are awarded the same level of protection...

IRIS 2018-9:1/2 European Court of Human Rights: Egill Einarsson v. Iceland (No. 2)

In Iceland, a person (hereafter, X) posted a critical and defamatory comment on a Facebook page, commenting on a recent interview given by Egill Einarsson, against whom complaints had been formulated concerning the rape of women. At the material time, Einarsson was a well-known personality in Iceland who, for years, had published articles, blogs and books and had appeared in films, on television and other media, under pseudonyms. Upon completion of the police investigation, the public prosecutor dismissed all cases against Einarsson because the evidence which had been gathered had not been sufficient...