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On 2 July 2013, the President of the Russian Federation signed into law the Federal Statute amending several provisions of the Russian Civil Code. This law was adopted as part of the civil legislation reform underway in Russia. Under the new law some aspects of non-material values protection are regulated in a slightly different way (including inter alia protection against defamation and protection of person’s image, see IRIS 2013-8/32), and some brand-new provisions introduced (protection of privacy). The major focus of the Statute is the development of new legal mechanisms for the protection...

On 2 July 2013, the President of the Russian Federation signed into law the Statute amending several statutes of civil law, procedural law and information law. The new Act introduces a number of measures aimed at boosting the ability of rightsholders to cease stop distribution of illegal video content via the Internet. According to the Statute, a new Article was introduced into the Civil Code (Art. 1253.1) providing rules for liability of so called “internet mediators”, i.e. those either providing technical transmission of the information on the Internet (internet providers) or providing the hosting...

On 9 July 2013, the Constitutional Court of the Russian Federation adopted a Resolution concerning the constitutionality of several paragraphs of Article 152 (“Defamation”) of the Russian Civil Code. The case was raised by a citizen named Krylov who complained that the Civil Code does not oblige the Internet service providers (ISPs) to remove defamatory statements made by third parties. The complaint arose from decisions of the courts of first and second instances in the Sverdlovsk region on the lawsuit of Mr Krylov against the regional ISP. The plaintiff demanded that the defendant remove remarks...

On 23 May 2013, the Constitutional Court of Serbia decided that the mere fact that a document is classified and thus labeled as confidential is not sufficient to justify the denial of access to information under the Serbian law on freedom of access to information of public importance. The Administrative Court had previously found that the request of a journalist filed with the government of the Republic of Serbia was rightfully denied. The journalist worked for TV B92’s investigative TV series called “Insider” and requested to be allowed access to the records of the Government's Commission formed...

In a judgment of 11 June 2013 (Case VI ZR 4/12) the Bundesgerichtshof (Federal Court of Justice - BGH) ruled that there was no entitlement to injunctive relief in the case of photo reporting from the realm of contemporary history. On 2 November 2010, the television channel of the public service broadcaster ARD carried an episode of a socio-critical satirical programme in which the plaintiff could be seen and heard for a total of three and a half minutes. A few months before, on 24 June 2010, the plaintiff, a member of a group of three women who describe themselves as “grandmothers against war”,...