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IRIS 2024-1:1/19 European Court of Human Rights: Bild GmbH & Co. KG v. Germany

A judgment of 31 October 2023 of the European Court of Human Rights (ECtHR) found a violation of Article 10 of the European Convention on Human Rights (ECHR) at the request of Bild GmbH & Co. KG (Bild), the owner and operator of a news website (bild.de) in Germany. The case concerns a court ruling ordering Bild to cease publication of the CCTV footage of a police arrest without the face of one of the police officers involved being blurred. The ECtHR was opposed in particular to the general reasoning in the court order that any unpixelated coverage of the police action would be unlawful....

IRIS 2024-1:1/20 European Court of Human Rights: Avramchuk v. Ukraine and Eastern Ukrainian Centre for Public Initiatives v. Ukraine

The European Court of Human Rights (ECtHR) has once again been requested to evaluate the justification by the Ukrainian authorities of their refusal to give access to administrative documents to journalists or other public watchdogs (see also IRIS 2020-4:1/7 and IRIS 2020-5:1/24). In two judgments of 5 October 2023, the ECtHR made clear that the protection of privacy or personal data cannot be an absolute exception to the right of access to public or administrative documents under Article 10 of the European Convention on Human Rights (ECHR). In both judgments the ECtHR found that the Ukrainian...

IRIS 2024-1:1/23 [DE] BLM Media Council adopts AI guidelines

At its ninth meeting held on 19 October 2023, the Medienrat (Media Council) of the Bayerische Landeszentrale für neue Medien (Bavarian New Media Authority - BLM) adopted new guidelines on the use of artificial intelligence (AI) in journalism. Designed to protect the credibility of journalism and preserve democratic debate, the guidelines are merely an initial set of recommendations regarding the use of AI systems in journalism. In view of AI’s rapid development, however, they will need to be continuously updated. The authors accept that the use of AI in journalism has some benefits....

IRIS 2023-10:1/17 [NL] National Coordinator for Combating Anti-Semitism recommends faster enforcement against online anti-Semitism 

On 25 October 2023, the Nationaal Coördinator Antisemitismebestrijding (National Coordinator for Combating Anti-Semitism) issued a noteworthy recommendation, stating that both the Autoriteit Consument & Markt (Consumer and Markets Authority – ACM), and the Autoriteit Persoonsgegevens (Dutch Data Protection Authority – AP), “must immediately strictly monitor” whether online platforms Instagram and X (formerly Twitter) are complying with the law and tackling online anti-Semitism. Notably, the ACM will be designated as the national Digital Services Coordinator in the...

IRIS 2023-10:1/27 [DE] Administrative Court overturns media authority decision on TV programme’s human dignity violation

In a ruling of 11 October 2023 (case no. 11 A 185/21), the Schleswig-Holsteinische Verwaltungsgericht (Schleswig-Holstein Administrative Court) overturned a decision of the Medienanstalt Hamburg/Schleswig-Holstein (Hamburg/Schleswig-Holstein media authority – MA HSH) alleging a breach of human dignity and programming guidelines by private broadcaster Sat.1. The MA HSH had ruled that a sequence in the real-life documentary series “Lebensretter hautnah – Wenn jede Sekunde zählt” showing a person who had suffered a serious seizure had been voyeuristic and sensationalist,...