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IRIS 2020-10:1/13 [BG] Competition authority finds that proposals for amendment to the Radio and Television Act would restrict competition

On 1 October, a competition advocacy decision of Комисия за защита на конкуренцият (the Commission for Protection of Competition - CPC), namely Decision No. АКТ-788-01.10.2020 of the CPC on bills for amendment and supplement to the Закон зо ридио телевизията (the Radio and Television Act - RTA), found that two bills would restrict competition on the media market. To issue its decision, the CPC relied on Article 28, paragraph 1 of Закон за защита на конкуренцията (the Competition Protection Act - CPA), which provides that the CPC shall assess the conformity of bills (and/or other acts) with...

IRIS 2020-5:1/28 ECtHR: Pendov v. Bulgaria

The European Court of Human Rights (ECtHR) has delivered a judgment in which it found, apart from a violation of Article 1 of the First Protocol to the European Convention on Human Rights (ECHR), a breach of the applicant’s right to freedom of expression under Article 10 ECHR, due to the seizure of a server and the limitation of the functionality of a website. In this case, the applicant complained of the seizure and retention by the Bulgarian prosecution authorities of his computer server, in the context of criminal proceedings for a copyright infringement against third parties. The retention...

IRIS 2019-1:1/10 [BG] Disclosure of ownership and funding of media service providers

An amendment to the Law on the Compulsory Deposit of Printed and Other Works and the Announcement of the Distributors and Providers of Media Services was published in issue 94 of State Gazette (dated 13 November 2018). Such “distributors” and “providers” are (i) public and commercial providers of media services under the Radio and Television Act and (ii) online news service providers (electronic newspapers, magazines, news agencies and other electronic publications, excluding social networks - such as Facebook and Twitter - and personal blogs). By 30 June each year, each provider must submit to...

IRIS 2018-10:1/6 [BG] Amendments in the Radio and Television Act related to administrative jurisdiction

In June 2017, the Bulgarian Parliament initiated amendments in the Administrative Procedure Code with the aim of relieving the Supreme Administrative Court of the many cases it has to deal with. The amendments were passed in July 2018 and they affected the consolidation of proceedings, including those filed against decisions of the Council for Electronic Media (CEM). The President of the Republic of Bulgaria vetoed some of the texts of the law in August 2018. The veto was overruled by the National Assembly at the beginning of September 2018. The Act on Amendments to the Administrative Procedure...

IRIS 2018-8:1/10 [BG] Sector analysis on the competitive environment of the media market in Bulgaria

At the beginning of July 2018, the Commission for Protection of Competition announced its decision No. 717, dated 28 June 2018, in which it had carried out a sector analysis of the media market in the country. The research was done at the request of the Minister of Economics, the Minister of Finance and the Minister of Culture. During the research, the Commission for Protection of Competition - the national Competition Authority - got in touch with institutions, trade unions, associations and co-operations as well as with many undertakings, participants in the respective markets in the sector,...