(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
(1) This law regulates inter alia the freedom to gather, publish and receive information, freedom to form and express ideas and opinions, as well as freedom of sharing information and ideas through the internet and other platforms. (2) Article 29, par. 1 defines media as a means of public information which by words, images or sound transmits edited information, ideas and opinions and other sort of content intended for public distribution and to an unspecified number of users. (3) According to Article 30, par. 2, miscellaneous online platforms - such as internet forums, social networks, and other platforms which enable free exchange of information, ideas and opinions - or any other individual electronic publication - such as blogs, web presentations, and similar electronic presentation - do not qualify as media under...
In this case Court decided that in order to prevent further violation of personal rights, court can order the removal from an internet portal of a text which harms honor and reputation. The court stressed that, despite the fact that only certain parts of the mentioned text were harmful to the plaintiff's honor and reputation, complete removal was necessary due to the fact that the mentioned harmful parts should be considered as inseparable from the whole (including photographs).
Article 48 states that any person shall have the right to make a temporary reproduction of a work of authorship without the author’s permission and without paying any remuneration, under the following conditions: reproduction is transient or incidental; reproduction is an integral and essential part of a technological process; purpose of reproduction is to enable a transmission of data in a network between two or more persons through an intermediary, or to enable a lawful use of a work of authorship; and reproduction does not have independent economic significance.
(1) This Law regulates the regulates the conditions and manner of information society services, obligations to inform service users, commercial messages, rules relating to the conclusion of the contract in electronic form, the responsibility of service providers of the information society, and monitoring violations. (2) Article 3, par. 1.3. defines an information society service as a "service provided at a distance, for a fee, through electronic equipment for data processing and storage, upon personal request of services users, and especially internet based commerce, offering information and advertising via the Internet, electronic search engines, as well as providing search data and services transmitted by electronic networks, providing access to a network or storage of services users’ data." Moreover, Article 3, par...
(2) Article 2, par, 1.5. defines that producer of an advertising message as a a legal entity, which has been registered for planning advertising activities, creating or producing advertising messages, planning or renting advertising space within public media, or for certain stages of the advertising process. (3) The Law defines various types of advertising which are strictly prohibited, such as advertising calling for a boycott of another person, advertising with prohibited symbols, advertising of pornography, advertising showing use of force, advertising highlighting the dominant position of one gender compared to a person of another gender, advertising of narcotics, alcoholic drinks, tobaccos or weapons. Moreover, abuse of inexperience, ignorance and credulity of juveniles is also strictly prohibited in advertising...