Belgium

[BE] Flemish Community: Draft Decree to turn the Flemish public broadcaster (BRTN) into a limited liability company under public law

IRIS 1997-4:1/25

Ad van Loon

European Audiovisual Observatory

On 21 January 1997, the Government of the Flemish Community of Belgium sent to the Flemish Parliament a draft Decree to turn the Flemish public broadcaster (BRTN) into a limited liability company under public law together with an Explanatory Memorandum of more than 100 pages.

The fact that BRTN is to become a limited liability company `under public law' implies that, in principle, the general company law provisions will apply to it, unless specific provisions laid down by law, derogate from this principle, which will be the case where the general provisions would affect BRTN's public mission.

All shares in the new company will be owned by the Flemish Community. They will be nominated and non-transferable. The draft Decree specifically stipulates that the new company will be autonomous in deciding on the programmes that it will broadcast as well as in fixing its programme schedule.

Specific provisions assigns to the company the task of executing the public broadcasting mission of the Flemish Community. In doing so, the company must aim at reaching the largest possible number of viewers and listeners while respecting a number of detailed programme prescriptions.

According to the draft Decree, the new broadcasting company is to be instrumental to the promotion of cultural and democratic values.

The name `BRTN' will be changed to `VRT' ( Vlaamse Radio- en Televisie-omroep ).


References

  • Ontwerp van Decreet betreffende de omzetting van de BRTN in een naamloze vennootschap van publiek recht, Vlaams Parlement, Zitting 1996-1997, Stuk 528 (1996-1997) - Nr. 1of 28.01.1997.
  • Draft Decree concerning the turning of the BRTN into a public limited liability company under public law, Vlaams Parlement, Zitting 1996-1997, Stuk 528 (1996-1997) - No. 1 of 28 January 1997.

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.