Search results : 127

On 11 April 2013, the Administrative Court in Sofia City annulled a decision of the Sofia District Court and thereby confirmed a fine imposed by the Bulgarian regulatory authority Council for Electronic Media (CEM). The CEM had imposed a sanction of BGN 15,000 (approximately EUR 7,500) on the media service provider "BTV Media Group". On 20 February 2012, the TV programme "The Slavi's Show" was broadcast as a repeat at lunch time between 12:30 pm and 1:30 pm. As regards this repeat, CEM found that there had been a violation of Article 17(2) of the Radio and Television Act (RTA) and No. 27 of CEM’s...

The Central Election Commission (CEC) in its decision of 12 May 2013 found that the rerun of a political interview within the last 24 hours prior to the election day violates Art. 133 paragraph 6 of the Bulgarian Election Code. According to the law, the so-called day of reflection prohibits political campaigning throughout the day prior to the election and the election day itself. The proceedings of the CEC were initiated on 11 May 2013, when the political party “Citizens for European Development of Bulgaria” (GERB) lodged a complaint with the CEC regarding violations of the Election Code. The...

Several amendments have been made during the months of March and April 2013 to different acts pertaining to the Bulgarian Media Law. An amendment and a supplement to the Electronic Communications Act (ECA) introduced a new Art. 231 (published on 15 March 2013 in the "Official Gazette", issue 27). The purpose of this provision is the protection of the rights of media consumers, especially in the case of commercial disputes between television broadcasters and network operators. Therefore, Art. 231 envisages that the contract between the consumer and the network operator has to outline a detailed...

On 6 February 2013, the stakeholders in the television advertising industry - advertisers, communication agencies, and providers of audiovisual media services - adopted a common standard for the regulation of loudness in advertising on the basis of a Общо споразумение (self-regulatory General Agreement). The application of the standard will ensure the balance of separate elements of television programmes. This addresses frequent consumer complaints about drastic differences in sound levels especially between the audiovisual advertising and other programme elements. The standard has been elaborated...

On 18 January 2013, after having consulted with the Bulgarian Drug Agency (BDA), the media authority Съвет за електронни медии (Council for Electronic Media - СЕМ) published a position on the sponsorship of media services by manufacturers or sellers of medicinal products. The CEM asked the BDA for an interpretation of a relevant provision of the Medicinal Products in Human Medicine Act (MPHMA). According to Article 244 para. (1) MPHMA, an advertisement of medicinal products is any form of information, presentation, promotion or offer with the aim of encouraging the prescription, sale or use of...

On 27 January 2013, a national referendum will be held in Bulgaria regarding the question of development of nuclear energy in Bulgaria i.e. the construction of a new nuclear power plant. The Bulgarian public broadcaster Българска национална телевизия (Bulgarian National Television - BNT) is obliged to broadcast an informative and explanatory campaign for the referendum. To that end, a tariff has been published ("Official Gazette", issue 103, 28/12/2012 Decree № 335 of 20 December 2012). It determines the rates of compensation for the Bulgarian National Television in view of the referendum coverage...

On 21 December 2012, the Законът за държавния бюджет на Република България за 2013 г. (State Budget of the Republic of Bulgaria Act 2013) was promulgated in the "Official Gazette", Issue 102. The Act points out the state subsidy which will be provided for the public national broadcaster Българска национална телевизия (Bulgarian National Television - BNT). The sum amounts to BGN 70,128,000, which equals an amount of EUR 35.7 million. According to Art. 70, para. 4 of the Закон за радиото и телевизията (Radio and Television Act - RTA), the State subsidy shall: 1. be provided for the preparation, creation...

In regard to the application of Articles 16 and 17 of the Directive for Audiovisual Media Services (AVMS Directive), respectively Article 19a of the Bulgarian Radio and Television Act (RTA) for 2011 on the quota of European works in programmes of the linear media services providers, the members of the съвет за електронни медии (Council for Electronic Media (CEM)) adopted a report in the beginning of November 2012. The summary for the period from 1 January to 31 December 2011 contains data about 47 television programmes with national coverage and 28 linear media services providers. A letter of request...

With reference to the Summer Olympic Games that were held in London in 2012, the Council for Electronic Media (CEM) has carried out a monitoring procedure under the Radio and Television Act (RTA) of 9 television programmes: "Nova TV" "BTV", "BG ON AIR", "TV 7" 'RING BG", "NOVA SPORT", 'TV EVROPA", "KANAL 3”, "BNT 1". The Bulgarian National Television (BNT) had acquired the exclusive rights to broadcast the event. According to Art. 19b of RTA, a television broadcaster that holds an exclusive right for the transmission of an event of major importance shall be obligated to afford the other television...

On 4 June 2012, the President of the Republic of Bulgaria appointed Maria Stoyanova as a representative to the Council for Electronic Media (CEM). That appointment was the result of a newly adopted procedure, hitherto unspecified in the law. On 29 March 2012, the Administration of the President initiated a procedure, by way of publishing a communication, for nomination of a member of the Council for Electronic Media from the presidential quota. All interested Non-Governmental Organisations and professional bodies were invited to submit their written applications by 6 April 2012. The intention was...

On 18 May 2012, the Bulgarian Radio and Television Act (RTA) was amended and supplemented. The amendments came into effect on 1 July 2012. In accordance with the amendments, the Council for Electronic Media (CEM) is assisted in the performance of its activities by an administration, carried out by civil servants and persons working under employment contracts regulated by the Labour Code. Its structure is self-defined according to the funds provided for the relevant year. The Act on Administration will be applicable to the administration of the CEM, unless otherwise provided in the RTA. Members...

On 19 April 2012 the Council for Electronic Media imposed a penalty equal to the amount of BGN 3,000 (EUR 1528) on the Nova Broadcasting Group (Penal Decree no. 25). A political cause of the Serbian paramilitary organisation Chetnichki pokret had been presented during the broadcast Karbovski Direct, aired on 28 January 2012 from 4.51 p.m. to 5.18 p.m. An illegal revolutionary movement for the liberation of Kosovo called its orthodox brothers to arms. There was an exclusive interview with its chief Bratislav Zivkovic and his Bulgarian comrades Pavel Chernev and Zivko Ivanov. The anchorman asked...

On 27 February 2012 the Administrative Court in Sofia confirmed penal decree No. 63/17.11.2009 issued by the chairperson of the Council for Electronic Media (CEM). The penal decree imposed a penalty in the amount of BGN 8,000 on the private national television Nova Broadcasting Group. The reason for the penalty was a violation of good morals in "The Price of Truth" which was broadcast on 16 September 2009 on the channel Nova TV. The anchorman of the show had posed questions to the female contestant in the presence of her 16-year old son about her relationship with a 19-year old man, including questions...

On 21 February 2012 the Administrative Court in Sofia confirmed a penal provision issued on 12 May 2010 by the Chairperson of the State Commission on Gambling (SCG) which imposed an administrative penalty on Cosmo Bulgaria Mobile, joint-stock company Globul. The penalty amounted to BGN 50,000 (EUR 25,564) for organising and conducting the gambling game Големият кеш (“The Big Cash") (during the period September-December 2009) without permission from the SCG. The Court accepted the game "The Big Cash" was gambling. The organising and conducting of that game without prior permission from the SCG are...

On 26 January 2012, the Communications Regulation Commission (CRC) issued Decision No. 143 which authorises the regulator to grant a permit to TV Evropa for analogue broadcasting in the territory of Sofia. The news television channel shall have an opportunity to broadcast on the frequencies of channel No. 43 which had got involved in scandals. So far, the Bulgarian National Television (BNT) has used it to broadcast a regional programme emanating from the capital - BNT2. In 2009, BNT received permission to come on air when CRC was providing temporary permits for analogue broadcasting in Sofia. At...

On 29 December 2011, a change was made to the Electronic Communications Act (SG, No 105/29.12.2011, in effect since 29 December 2011). Terrestrial analogue television broadcasting in the Republic of Bulgaria will be suspended on 1 September 2013 (see IRIS 2008-4/13). Thus, this again enables television broadcasters who have not participated in the competition and have no programme licences (these licences exist according to § 5 of the Transitional and Final Provisions of the Electronic Communications Act - ECA) to claim, within the next 20 months, unfair competition against those that have licences...

On 16 January 2012 the Supreme Administrative Court rejected the appeal of DVBT (a group of seven companies led by Insat Electronics that support the networks of television Pro.bg and radio Express, Darik and FM+) against the choice of the Latvian company Hannu Pro to build up a so-called public multiplex (see IRIS 2010-8/16). The public multiplex will distribute the programmes of BNT and BNR from October 2013 (see IRIS 2009-7/5). DVBT ranked second in the competition conducted by the Communications Regulation Commission with a score of 0.3 points lower than Hannu Pro. According to the company's...

On 25 October 2011, the Council for Electronic Media and the State Agency for Child Protection drew up criteria for the assessment of content that is adverse to, or potentially damages, the mental, moral and/or social development of children, in compliance with Art. 32, para. 5 of the Radio and Television Act. The following requirements are among these criteria concerning the programme content of media: 1. Elements of the programme content that may have an adverse impact or create a risk of harm to children, should be located in programme zones where children are not supposed to be the attracted...

In November 2011, the Council for Electronic Media (CEM) issued a report on the monitoring of the pre-election campaign in Bulgaria for the election of the president and vice-president as well as of mayors and municipal councilors. The CEM has considered 19 television programmes, four of which pertain to the National Television Broadcaster (BNT). The overall review of the results indicates the following forms of political propaganda presented in television programmes: videos, chronicles, debates, discussions, interviews, addresses, business cards, reports and messages. The CEM has made the following...

On 25 October 2011 the Bulgarian Commission on the Protection of Competition (Commission) found a violation of Art. 33, para. 2, item 1 in conjunction with Art. 32 of the Law on the Protection of Competition. The infringement was made by the Blizoo Media and Broadband company and the Commission imposed a penalty of BGN 30,379.00 (approximately EUR 15,000). The reason for the proceedings was a consumer’s notice on misleading advertising messages of the company in connection with its “Complete Package”-offer. The package includes digital television with over 150 programmes, internet and fixed telephony...

On 2 September 2011 the Central Election Commission, on the grounds of the Bulgarian Election Code presently in effect, adopted a resolution on the terms and conditions on which radio and television broadcasters shall report on the election campaigns for president and vice-president and municipal councils and mayors to be held on 23 October 2011. In summary the resolution contains the following rules: 1. The Bulgarian National Television (“BNT”) and the Bulgarian National Radio (“BNR”) shall report the election campaign in the form of statements, video clips, disputes, briefs, chronicles and other...

On 2 June 2011 the team of the Slavi Show, broadcast by the private national channel bTV, dedicated its daily episode to the candidacy of Mrs. Miglena Kuneva for president of the Republic of Bulgaria. The show was aired four days before Mrs. Kuneva’s candidacy was formally launched on 6 June 2011. On 3 June 2011, the management of the bTV Media Group stated that the publicity for Mrs. Kuneva in the Slavi Show had not been the subject of consultation with the company’s management as the Slavi Show is an outside production having its own independent editorial policy and all statements made in the...

According to a report on the activities of the Council for Electronic Media of Bulgaria for the year 2010, two licenses for the digital broadcasting of “must carry” programmes have been issued, namely to Towercom Bulgaria EAD and Hannu Pro Bulgaria EAD. The procedure for granting the licenses was completed in February 2011. During the reported period the procedure for granting licenses for television activities in accordance with the digital broadcasting agreement method was also finalised. The following issues of concern have been raised in the regulator’s report for the second half of the previous...

By Regulation No 108 dated 26 April 2011 approving the Tariff of Radio and Television Activities Fees (promulgated in the State Gazette, issue No 35 dated 3 May 2011) the Council of Ministers of Bulgaria, acting on the grounds of Art. 102, para 6 of the Radio and Television Act, adopted a new tariff of the radio and television fees and repealed the old tariff, which was adopted by the Council of Ministers in 2006 (Regulation No 135 of the Council of Ministers, promulgated in the State Gazette, issue No 49 of 2006). The new tariff reflects the changes made in the Radio and Television Act concerning...

After the Constitutional Court had repealed a provision by which the ruling majority attempted to restrict State subsidy for film productions (see IRIS 2011-5/8), on 3 June 2011, in the course of the Parliamentary control, the Minister of Culture explained that he would request from the budget an amount of BGN 16,6 million to be allocated to the field of film production. The Minister also mentioned that all his predecessors had signed contracts for film productions without any financial support. According to him in 2008 the budget of the National Film Centre was BGN 5,7 million, whereas the approved...

The European Commission has launched an infringement procedure against Bulgaria over irregularities in the selection procedures for the companies to build the platforms for digital distribution of radio and television programmes (multiplexes, see IRIS 2011-4/12). Reportedly, in the Commission’s view, the selection method includes some discriminatory conditions, such as the requirement that bidders shall not perform television activities abroad. Applying the latter condition, the Austrian company ORS was disqualified from the selection process. In 2009 the Bulgarian Constitutional Court decided...

The audit performed by the National Audit Office on the 2009 activities of the Bulgarian National Television has confirmed that there were no rules or criteria for the management of and reporting on the amounts collected by the donation initiative called “Bulgarian Christmas”. For the first time in its nine-year existence, the name of the “Bulgarian Christmas” initiative is mentioned in a report of a supervising body. The audit report of the National Audit Office was initiated by the new management of the Bulgarian National Television immediately after it was elected by the Council for Electronic...

On 31 March 2011, the Constitutional Court declared unconstitutional a provision of the Film Industry Act governing the financing of the film industry by the state. The request for constitutional review of para. 83 of the State Budget Act for 2011 which amended Art. 17 of the Film Industry Act was filed by a group of 56 members of the National Assembly. In their request, the claimants stated that para. 83 of the Act on the State Budget for 2011 does not constitute a legal norm, but rather represents a general wish. In addition, the applicability of the said provision is left to the subjective discretion...

By Decision No. 615 dated 9 June 2009 the Communications Regulation Commission issued to Towercom Bulgaria EAD a permit for the use of two national multiplexes. A month later, on 9 July 2009, the Communications Regulation Commission issued a permit for the use of three national multiplexes to Hanu Pro Bulgaria EAD (Decision No. 674). Furthermore, on 14 July 2009, the Communications Regulation Commission announced that Hanu Pro Bulgaria EAD was the winner in the latest tender for a national multiplex, which would broadcast the programmes of the public service media (Decision No 749). Currently,...

Pursuant to Art. 70, para. 1 of the Закон за радиото и телевизията (Radio and Television Act) the Bulgarian National Television shall prepare, perform and report on a separate budget. In addition, according to Art. 70, para. 3, item 3 of the Radio and Television Act, part of the budget of the Bulgarian National Television comes as a State subsidy. The subsidy from the State budget shall be used for the preparation, creation and broadcasting of national and regional programmes. According to Art. 8 of the Закон за държавния бюджет на Република България за 2011 г. (State Budget Act for 2011) the National...

By its judgment No. 14555 dated 30 November 2010 the Supreme Administrative Court imposed a fine of BGN 1,000 on the Chairman of the Съвет за електронни медии (Council for Electronic Media - CEM) for not submitting in time a declaration under Art. 12, item 2 of the Prevention and Disclosure of Conflict of Interest Act (see IRIS 2010-10/17). Pursuant to Art. 24, para 1 of the Radio and Television Act, the chairperson was elected by the National Assembly on 1 April 2010 as a member of the CEM. He was elected as chairman of the CEM on 7 April 2010. He submitted to the National Assembly a declaration...

On 4 November 2010 the members of Parliament from the ruling GERB party submitted to the National Assembly the Draft Election Code (“Draft”). There is a special section in the Draft regulating the media coverage of election campaigns, including the start of the election campaign, the election promotion, etc. The Draft sets out that the control over the election campaigns shall cover newspapers, magazines (and their online editions), information bulletins, radio, television and other audio-visual services. However, the scope of control over the election campaigns excludes social networks and blogs. The...

The Parliamentary Anti-Corruption, Conflict of Interests and Parliamentary Ethics Committee has submitted a report on the basis of which the Supreme Administrative Court initiated a lawsuit under the Conflict of Interest Prevention and Disclosure Act (promulgated in the State Gazette No 94/31 of October 2008, effective since 1 January 2009; see IRIS 2009-2: 9/10). The lawsuit is being brought against the chairman of the Council for Electronic Media. It is alleged that he did not observe the seven-day term for filing a declaration as required by the Conflict of Interest Prevention and Disclosure...

On 14 September 2010 the Council for Electronic Media registered in the Public Register kept by it Trans Telekom AD as a provider of non-linear services, and more specifically video-on-demand services. The latter enables the end customers to receive at a time fixed by them a particular event (music, movie, etc) as chosen from a catalogue on the territory of the cities of Sofia, Varna, Golden Sands Resort, Albena Resort, St. Constantine and Elena Resort, Sunny Beach Resort, Kamchiya Resort and Alen Mak Resort. On the same date the Council for Electronic Media has entered on the Public Register Amotera...

By order of the Bulgarian Prime Minister a Working Group has been established in the Ministry for Culture with the purpose of preparing a bill for the electronic media by 30 November 2010. The Working Group includes media experts, representatives of the Council of Ministers, of the Council for Electronic Media and the Communications Regulation Commission, of the Bulgarian National Radio and the Bulgarian National Television, of the Ministry for Culture and the Ministry for Finance and the Independent Producers Association. The Council of Ministers held a discussion about the future of the media...

The President of Bulgaria imposed a veto on the latest Act for the Amendment of the Radio and Television Act adopted by the National Assembly. Among the motives for the imposition of the veto was that by introducing a limitation on the members of the Council for Electronic Media on serving more than two consecutive mandates, a new specific limitation is created beyond those listed in Article 26 of the Radio and Television Act, as it is used as legal grounds for a pre-term termination of the mandate of council members apart from those listed in Article 30. The National Assembly overrode the presidential...

On 14 May 2010, a bill for the amendment of the Radio and Television Act (RTA) was introduced in the National Assembly. The amendments were provoked by programmes on the private national terrestrial television “Nova”, in the format “Big Brother Family”, in which children of some of the families were admitted into the house. The participation of juveniles in those programmes was the subject of harsh criticism by the National Assembly Commission for Education, Science and the Issues of Children, Youth and Sports. A proposal for the introduction of a new clause into the RTA has been made: “Article...

The executive director of Mobiltel declared before journalists on 14 July 2010 that there was a risk that all platforms for digital radio broadcasting in Bulgaria may be seized by unofficially associated companies and the market may be monopolised. This statement was made after on the previous day unofficial information leaked out that the Communications Regulation Commission (CRC) had rejected the Mobiltel offer and that of Vivacom for receiving a license for the multiplex that will broadcast the programmes of the public media, the Bulgarian National Television (BNT) and the Bulgarian National...

In its session on 21 May 2010 the Council for Electronic Media resolved to issue 18 licenses for the carrying out of television activities for channels intended for broadcasting by means of networks for terrestrial digital radio broadcasting with a national scope. These are in particular Bulgaria Cable TV OOD (for the channel “Bulgaria TV”); Television Europe AD (for the channel “Television Europe”); Radio Veselina EAD (for the channel “The Voice TV”); TV Guide Network OOD (for the channel “TV Guide”); Television Varna AD (for the channel “Television Varna”); Pink BG EOOD (for the channel “PINK...

On 20 April 2010, the transaction for the acquisition of the bTV media group by Central European Media Enterprises Ltd. (CME) was completed (see IRIS 2010-4: 1/10). It involves the leader in the television market in Bulgaria bTV, the cable channels bTV Cinema and bTV Comedy, as well as a few radio stations. The cost of the transaction amounts to USD 400 million plus the payment of USD 13 million working capital. By its Decision No. 385 of 8 April 2010 the Commission on the Protection of Competition permitted the acquisition of direct unilateral control on the part of CME Media Enterprises B.V....