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IRIS 2015-3:1/17 [IE] New Code of Programme Standards

On 27 January 2015, the Broadcasting Authority of Ireland published its revised code of programme standards. The previous code had been in effect since 2007 (see IRIS 2008-5/23) and in 2014 a public consultation was launched in order to update the code. The Authority noted that the review indicated that the content of the previous code remained relevant, but “the structure and wording of the code required substantial revision”. This was to ensure the code was more “user-friendly and understandable”. Thus, while the previous code had over 14 sections under both “Content Rules” and “Content Principles”,...

IRIS 2015-3:1/16 [GB] Ofcom determines when it is warranted to infringe a person’s privacy in a news report

On 5 January 2015, Ofcom published its decision holding that ITV’s Meridian News (covering south and south east England) had not caused an unwarranted infringement of Mrs Diane Ash-Smith’s privacy during a live news broadcast that disclosed her full address and showed footage of her car registration number, in relation to a murder enquiry of which her son, Colin Ash-Smith, was a suspect. Ofcom did not consider the Meridian News had breached Practice rules 8.2, 8.3, 8.4 or 8.6 of Ofcom’s Broadcasting Code of Conduct. Colin Ash-Smith had in 1993 been a suspect in a murder inquiry concerning the death...

IRIS 2015-3:1/13 [FR] Television report infringed presumption of innocence of the subject of the report

The Tribunal de Grande Instance (regional court - TGI) of Paris has delivered a judgment recalling the vigilance necessary on the part of production companies and television channels in order to respect the presumption of the innocence of people presented in reports. A public-sector television channel had broadcast a report entitled Rwanda: des prêtres accusés (Rwanda - priests under accusation) on the massacre which took place in Rwanda in 1994, claiming that a number of priests had taken part in the “genocide”, and that some of them, found guilty by courts in Rwanda, had been “exfiltrated by...

IRIS 2015-2:1/33 [US] Electronic Arts’ (“EA”) use of former National Football League players’ likenesses in their video games is an unauthorized use of their likenesses.

The United States Court of Appeals for the Ninth Circuit was asked to balance the right of publicity of former professional football players against EA’s First Amendment right to use their likenesses in its video games. The Court’s arguments centered on whether the use was incidental, which would enable EA to use the likenesses without their permission. To find a use incidental the Court looked at four factors which it had developed in a ruling on 6 January 2015. These factors are (1) whether the use has a unique quality or value that would result in commercial profit to the defendant; (2) whether...

IRIS 2015-2:1/30 [RU] Personal data amendments enter into force sooner

On 31 December 2014, President Putin of the Russian Federation signed into law a federal statute adopted by the State Duma on 17 December 2014. It amends the date of entry into force of the Federal Statute of 21 July 2014 N 242-FZ “On amendments to particular legal acts of the Russian Federation related to the specifics of the order of processing personal data in information-telecommunication networks” (IRIS 2014-8/35). Originally the amendments were to enter into force on 1 September 2016, but now the date has been pushed to 1 January 2015.