Belgium

[BE] Flemish Parliament Opens the Possibility for Teleshopping TV-Stations

IRIS 2001-2:1/10

Dirk Voorhoof

Human Rights Centre, Ghent University and Legal Human Academy

On 24 January 2001, the Flemish Parliament agreed on some new provisions in the Flemish Broadcasting Act regarding teleshopping. The new provisions create the possibility for private organisations to obtain a licence as a TV-station programming only teleshopping. Until now, the existing commercial TV-broadcasters were allowed to programme teleshopping only within a restricted framework. The new provisions that will soon be published in the Moniteur (Official Journal) create a new type of broadcasting licence allowing a TV-station to programme exclusively teleshopping. At the same time, the articles of the TV-Directive 89/552/EEC (as modified by the Directive 97/35/EC) with regard to teleshopping (Arts. 10-20) are implemented by these new provisions of the Flemish Broadcasting Act. This means that the other Flemish TV-stations must restrict their teleshopping programmes to a maximum of 3 hours a day (Art. 18bis of the TV-Directive). Teleshopping is not allowed during a time period of 15 minutes before and after programmes targetting children younger than 12. The advertising time for teleshopping broadcasters is limited to 15 percent of the daily transmission time of the station. Teleshopping broadcasters who in the future will have obtained a licence from the Vlaams Commissariaat voor de Media (Flemish Media Authority) may be transmitted by the cable networks in the Flemish Community. However, there is no "must carry" obligation in regard to the cable transmission of this type of TV-station.