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IRIS 2015-9:1/16 [IE] Live programme featuring minor discussing ‘sexting’ violated broadcasting code

The compliance committee of the Broadcasting Authority of Ireland (BAI) has held that the broadcaster 98FM violated a number of broadcasting rules during a live phone-in programme on the issue of minors sending inappropriate pictures of themselves. A complaint had been made by the mother of a 13-year-old girl over an April 2014 broadcast of 98FM’s phone-in programme Dublin Talks. The complainant claimed that her daughter’s participation in the programme breached the broadcasting act’s rules on harm and offence, and the broadcasting code’s rules on harm and privacy. The Dublin Talks programme featured...

IRIS 2015-9:1/14 [GB] Information Commissioner orders Google to remove links to recent news articles in search results for an individual’s name

Following the judgment of the European Court of Justicein Google Spain (Case C-131/12) (see IRIS 2014-6/3), many people sought to take advantage of the so-called “right to be forgotten”. Google, in processing these claims, developed the practice of notifying the news sources of the decision to de-list that story in response to a search on an individual’s name. As a result, a number of news outlets then ran stories about the de-listing which included a re-iteration of the data thatin the circumstances have been accepted as out-of-date. In this regard, an individual who had successfully requested...

IRIS 2015-8:1/31 [RU] Supreme Court on Public Figures and Right to Image

On 23 June 2015, the Supreme Court of the Russian Federation at its regular Plenary Meeting adopted Resolution “On the Case Law Related to Certain Provisions of Section 1 of Part 1 of the Civil Code of the Russian Federation” (О применении судами некоторых положений раздела I части первой Гражданского кодекса Российской Федерации). Such resolutions routinely explain to the courts the statutory norms concerning particular topical issues of legal practice in Russia. According Article 126 to the Constitution of the Russian Federation, as amended in 2014, “The Supreme Court of the Russian Federation...

IRIS 2015-8:1/23 [IT] Court of Rome rules Wikimedia Foundation not liable for content posted by users

On 14 July 2015, the Court of Rome, First Civil Section, rejected in Decision no. 15422 the claims filed by the Italian Parents’ Non-profit Organisation (MOIGE) concerning Wikimedia Foundation Inc., aimed at seeking compensation for damages deriving from a defamatory description of the same organisation on the Wikipedia online encyclopaedia. MOIGE sued Wikimedia Foundation Inc., the foundation which owns and manages the famous online encyclopaedia Wikipedia, before the Court of Rome in order to seek compensation for damages deriving from MOIGE’s description provided on the relevant Wikipedia page,...

IRIS 2015-8:1/14 [FI] Amended provisions on confidentiality of sources

Provisions on the protection of, and interferences with, the confidentiality of sources were amended in June 2015. For the most part, the provisions correspond to previous ones so far as substance is concerned. The amendments concern the numbering, division, and wording of provisions, as well as introduce some new provisions. The reform was conducted as part of a wider modernisation of procedural legislation, especially provisions on evidence and witnesses. The amendments enter into force 1 January 2016. Section 16 of the Act on the Exercise of Freedom of Expression in Mass Media (460/2003 - FEA)...