III SK 11/04 AI generated

Supreme Court dismissed appeal against fine for broadcasting prohibited content to minors at night.

Case Number III SK 11/04

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2004-03-09

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the appeal by the TV corporation against a fine imposed for broadcasting a film containing violent and vulgar content at 8:00 PM. The court found that the film's nature posed a probable threat to the development of minors, regardless of the broadcaster's claim that it was suitable only for parents' consent. Consequently, the court ruled that the statutory prohibition was violated because the content was clearly harmful and the broadcast time was strictly forbidden.

Legislator headnote

AI generated

Art. 18 ust. 5 ustawy o radiofonii i telewizji; Art. 393 § 1 k.p.c.: The prohibition on broadcasting content threatening the development of minors applies when such a threat is probable, and the broadcaster's subjective assessment of suitability does not negate the objective violation if the content is inherently harmful.

Keywords

AI generated

prohibition of broadcasting development of minors probable threat violation of statutory ban broadcasting time restrictions content suitability assessment administrative fine enforcement

Cited Legislation

AI generated

Art. 18 ust. 5 of the Radio and Television Act

Art. 393 § 1 of the Code of Civil Procedure

Art. 98 of the Code of Civil Procedure

art. 379 pkt 5 k.p.c

art. 39311 § 1 k.p.c

art. 10 § 1 k.c

art. 39315 k.p.c

art. 98 k.p.c

Supreme Court dismissed appeal against fine for broadcasting prohibited content to minors at night.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Need to analyze how this precedent applies to your matter?

Full text