Legal

Court Reporting by Audiovisual and Online Media in the Russian Federation

Authors: Andrei Richter, Faculty of Journalism, Lomonosov Moscow State University

Published: 01/09/2014

This lead article will review the relevant legal instruments as well as recent case law to discuss modern doctrines and policy in Russia. Focusing on audiovisual and online media it will address issues of balance between access to information and the right to privacy, possible limitations to freedom of information and media freedom, prejudgment by the media, etc.  More


The New Cinema Communication: All’s Well that Ends Well?

Authors: Francisco Javier Cabrera Blázquez & Amélie Lépinard, European Audiovisual Observatory

Published: 01/09/2014

This article tells the story of how the new Cinema Communication came to life. The first part provides a short description of the general EU rules concerning culture and state aid. The second part offers an overview of the Cinema Communication that the European Commission adopted in 2001, with its subsequent temporary extensions. The third part describes the consultation process that led to the adoption in 2013 of a new Cinema Communication. The fourth part gives an overview of the 2013 Communication and the various reactions to it. The article finishes with a short reflection on the near future.  More


Copyright and the Protection of Personal Data - Intermediaries Caught Between Two Areas of the Law

Authors: Dr Martin Rupp and Mag. Peter Matzneller, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/05/2014

Data protection law imposes limits on "unlimited information". Copyright infringers – or even potential infringers – are also entitled to assert the rights granted to them by data protection law to continue to determine the use of their personal information, and the legal order is therefore required to regulate this sensitive area. On the one hand, rightsholders need certain information in order to assert their rights effectively; on the other hand, data protection law requires that steps be taken to prevent the proliferation of that information. This article discusses this uneasy relationship.  More


Public Sector Information and Audiovisual Archives

Authors: Catherine Jasserand, Institute for Information Law (IViR), University of Amsterdam

Published: 12/12/2013

This article describes the main lines of the recently amended Directive on the re-use of public sector information. This Directive provides "a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the member states." The Directive does not regulate access to such information, which remains a competence of member states, but focuses on the economic aspects of re-use of information and encourages the member states to make as much information available for re-use as possible.  More


IRIS Themes - Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights

Authors: Susanne Nikoltchev (Ed.), European Audiovisual Observatory

Published: 09/12/2013

This e-book provides valuable insights into the European Court of Human Rights' case-law on freedom of expression and media and journalistic freedoms. It summarises over 200 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database).  More


On-demand Services: Made in the Likeness of TV?

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/09/2013

This article analyses whether or not on-demand AVMS really resemble traditional broadcasting and to what extent the two compete with each other. It explains the scope of the AVMS Directive and provides examples of its implementation in the national legislation of some EU member states. Furthermore it discusses cases in which the scope of the AVMS Directive seems unclear and describes relevant decisions taken by national regulatory authorities.  More


Convergent Devices, Platforms and Services for Audiovisual Media - Challenges Set by Connected TV for the EU Legislative Framework

Authors: Alexander Scheuer, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2013

This article examines the Directive's provisions on commercial communication and on the protection of minors and extrapolates in what way the AVMSD treats linear and non-linear audiovisual media services differently. Furthermore, it explains the extent to which these differences are leveled out by other European rules that back up the Directive and that apply to the broad range of all media and information services. The main focus of the Lead Article is the regulation of commercial communication given that many aspects of youth protection were already dealt with by IRIS plus 2012-6 "Protection of Minors and Audiovisual Content On-demand".  More


User-generated Content and Audiovisual News: The Ups and Downs of an Uncertain Relationship

Authors: Tarlach McGonagle, Institute for Information Law (IViR), Faculty of Law, University of Amsterdam

Published: 01/04/2013

The field of open journalism and "user generated news" is multi-faceted and its potential regulatory needs warrant first of all some stock taking. To disclose and locate such needs is the goal of the Lead Article of this IRIS plus. The article analyses the impact that resorting to user-generated content has on news-making processes and highlights possible legal consequences. Among others, the article distinguishes different kinds of user-generated content and possible definitions and it looks into how they are or rather might be handled – on a European level – in the jurisprudence on freedom of expression and information as well as in the context of general regulation. It also illustrates why user-generated-content becomes such a "special animal" when offered as part of the news in audiovisual media and how this form of open journalism is capable of generating even more issues concerning media freedom and news-making processes.  More


Digital Plans and Reality: Switchover in Russia and other CIS Countries

Authors: Andrei Richter, Faculty of Journalism, Moscow State University

Published: 01/02/2013

An overview of the situation in the 11 countries of the Commonwealth of Independent States shows how painfully slow the journey from tried and trusted analogue TV to the pleasure of digital viewing can be, particularly in countries that have not enjoyed decades of free competition and independent media regulation. This IRIS plus examines the numerous stages that had to be and, in some cases, are yet to be completed in order to successfully launch the first multiplex. It looks in particular at numerous legislative amendments, plans and draft strategies, selection procedures, investments and technical aspects, market structures and restructuring, and finally, the role of authorities and state bodies.  More


The Protection of Minors in the Case of New (Non-Linear) Media: European Legal Rules and their National Transposition and Application

Authors: Alexander Scheuer and Cristina Bachmeier, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/11/2012

This IRIS plus examines the current situation regarding the protection of children and young people in the context of on-demand audiovisual media services, focusing in particular on content that might seriously impair a minor's development, and discusses both the provisions of EU law and the legal bases of, and actual rules applying in, various national systems for the protection of minors.  More


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