Search results : 978

The decision in Rolf Anders Daniel Pihl v. Sweden deals with a complaint about an alleged breach of the applicant’s right to privacy and reputation under Article 8 of the European Convention on Human Rights (ECHR), because the Swedish authorities had refused to hold the operator of a website liable for a defamatory blog post and an anonymous online comment. Again, the European Court of Human Rights (ECtHR) applies a crucial distinction between illegal hate speech and defamation, limiting the liability of the operator of the blog when it (only) concerns defamation, and not incitement to violence....

On 27 February 2017, the UN Human Rights Council passed a draft resolution on the right to privacy in the digital age. The Resolution calls upon member states to ensure that measures for the prevention of privacy breaches are effective and accessible, and in accordance with international human rights standards. Procedural and legislative framework regarding surveillance of communications should be reviewed. At the same time establishment of independent, effective, and competent domestic oversight mechanisms should be ensured. The Resolution reiterates that the right to privacy enables enjoyment...

In an opinion issued on 3 February 2017, a US judge ordered Google to comply with search warrants seeking customer emails stored outside the United States. The court ruled that transferring emails from a foreign server so that FBI agents can review them locally as part of a domestic fraud probe did not qualify as an illegal seizure in violation of the Fourth Amendment of the United States Constitution. The Fourth Amendment to the US Constitution prohibits unreasonable searches and seizures. The Court found that there was "no meaningful interference" with the account holder's "possessory interest"...

On 14 February 2017, the National Audiovisual Council (Consiliul Naţional al Audiovizualului, CNA) adopted Decision no. 63 for the modification and completion of the CNA Decision no. 221/2011 with regard to the Audiovisual Code for audiovisual content (see inter alia IRIS 2006-4/33 and IRIS 2014-5/28). The main goal of the modification to the Audiovisual Code was to afford better protection to minors. The Decision will enter into force 30 days after its publication in the Official Journal of Romania Part I, except the new Article 117 a1), which will enter into force in 6 months’ time. In the Code,...

On 24 January 2017, Overijssel District Court partially granted an applicant’s request to order Google Inc. to remove four hyperlinks from its search engine results when the applicant’s name was entered in Google Search. The search results concerned the applicant, who was convicted of child abuse and given a prison sentence of 12 months and a probationary period of 6 months. The applicant’s request concerned four hyperlinks which were shown when the applicant’s name was entered in Google Search: one of the hyperlinks led to a Facebook page containing the applicant’s personal information; two other...