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The TV broadcaster “FTV Prima” was unsuccessful in a long legal dispute about the publication of photos of a thirteen year old boy, one of the supporting actors in the so-called “Kuřimská” cases. On 25 June 2014, the Supreme Court upheld a judgment that has awarded the boy compensation of 100,000 CZK. The broadcaster “FTV Prima” referred in his objections to the right to news reporting, but the Supreme Court assumed that the real goal of the publication of the photos was denigration or defamation. The so-called “Kuřimská” case is probably the most famous case of brutal treatment of children in...

Prime Minister Dmitry Medvedev of the Russian Federation signed on 31 July 2014 Ordnance of the Government that amends current rules of access to Internet effectively banning availability of this service to anonymous users. The Ordnance refers to the recently adopted changes in the laws related to information online (see IRIS 2014-6/31) and demands from those providing universal Internet service in points of collective access, as well as from any other Internet service providers at public spots including wi-fi, to demand identification of the users, collect and store this data for a six-month period. The...

On 21 July 2014 President Putin of the Russian Federation signed into law a federal statute that amends in particular the Federal Statute “On Personal Data” (see IRIS 2006-10/29). The focus of the changes lies in the demand that all service providers of the Internet are responsible to collect, process, and store personal data of the citizens of the Russian Federation in databases which are located on the territory of Russia. This rule which apparently would first and foremost affect foreign social networks, mail services, and services to book hotel rooms and plane tickets, has a few exceptions,...

The Autoriteit Consument en Markt (ACM), the Dutch authority for consumers and the market, decided on 15 July 2014 that the Dutch Broadcasting Organisation NPO (Nederlandse Publieke Omroep) has violated the cookie-rules of Article 11.7a of the Telecommunicatiewet (Dutch Telecom Act). The enforcement of the cookie-rules is of special interest for governmental websites such as the NPO, considering their role model function in complying with the law. The NPO uses, amongst others, analytical cookies and tracking cookies on their websites in order to comply with the Mediawet (Dutch Media Act). Since...

On 16 April 2014, the Council of Europe’s Committee of Ministers (CM) adopted Recommendation CM/Rec(2014)6 to member States on a Guide to human rights for Internet users (hereafter, “the Guide”). Among the starting premises of the Recommendation are: (i) human rights standards, as elaborated by the Council of Europe, must be upheld on the Internet, and (ii) in safeguarding human rights, states’ obligations include “the oversight of private bodies”. The Recommendation stresses that “human rights, which are universal and indivisible, and related standards, prevail over the general terms and conditions...