Netherlands

[NL] Changed Regime for Imposing Sanctions on Broadcasters

IRIS 2007-6:1/24

Ewout Jansen

Institute for Information Law (IViR), University of Amsterdam

The Commissariaat voor de Media (Media Authority)has issued adapted policy rules concerning fines on broadcasters. The new fining system entered into force on 1 May 2007. Two innovations have been made with the introduction of a short-term fine and a so-called “repeat fine”: the first is the result of an accelerated procedure to swiftly sanction broadcasters in breach of their obligations, the second is intended for broadcasters who remain in violation of their obligations. A hearing is no longer required to impose the sanctions. The main reason behind these measures is that broadcasters - especially regional networks - frequently fail to deliver information concerning their programming and activities to the Media Authority at the prescribed time of the year (before 1 June). The Media Authority claims that information is often incomplete or absent. According to the Authority, this data is needed to adequately assess whether the broadcasters comply with applicable regulations.