Belgium

Belgium/Flemish Community: Decree on the Right of Free Newsgathering and Short Reporting of Events by Flemish Broadcasting Organisations

IRIS 1998-4:1/16

Dirk Voorhoof

Human Rights Centre, Ghent University and Legal Human Academy

On 4 March 1998, the Flemish Parliament voted on a new Decree guaranteeing a right of free newsgathering for the Flemish audio-visual media. This right includes a right of access to events taking place in the Flemish Community and the right to take images and sound of the event, as well as the right of short reporting by any Flemish broadcasting organisation, even if another broadcasting organisation holds exclusivity rights on this event. The right of access can be restricted only in extraordinary circumstances. Short reporting of events by broadcasters other than the holder of exclusive rights is only allowed in news or regularly scheduled current affairs programmes. The duration of short reports of an event should not be longer than strictly necessary and in any casy may not exceed a time limit of 3 minutes (or 15 minutes in the case of the short reporting of a competition day). The Decree also contains some specific rules with regard to the reporting of sports events. It belongs to the competence of the Flemish media authority (Commissariaat voor de Media) to control the application and to sanction infringments of this new Decree.