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On 2 September 2014, the Flemish Media Regulator (Vlaamse Regulator voor de Media) published three decisions in which it found that two broadcasters had violated the provisions in the Flemish Media Decree that prescribe the conditions under which teleshopping, sponsoring, and advertorials may be broadcasted. The first decision (2014/036) concerned a teleshopping programme, Jim Request Live, which was interrupted five times after less than 15 minutes. Article 82, § 1, 3° of the Flemish Media Decree, however, states that teleshopping programmes must last for at least 15 minutes before being interrupted....

The Autoriteit Consument en Markt (ACM), the Dutch authority for consumers and the market, decided on 15 July 2014 that the Dutch Broadcasting Organisation NPO (Nederlandse Publieke Omroep) has violated the cookie-rules of Article 11.7a of the Telecommunicatiewet (Dutch Telecom Act). The enforcement of the cookie-rules is of special interest for governmental websites such as the NPO, considering their role model function in complying with the law. The NPO uses, amongst others, analytical cookies and tracking cookies on their websites in order to comply with the Mediawet (Dutch Media Act). Since...

On 27 March 2014, the Dutch Raad voor Cultuur (Council for Culture) made recommendations in a report entitled ‘De Tijd Staat Open’ to the Secretary of State, Sander Dekker. The report poses eight recommendations for ensuring a modern and future-proof public broadcasting system. As a result of economic cut-backs in the public broadcasting sector as well as technological changes in the consumption of media, the State Secretary asked the Council to advise on a number of issues: the distinctive character of the public media system; the stimulation of innovation and creative competition; cultural and...

On 16 May 2014, the Preliminary Court of Midden-Nederland ruled that RTL, a Dutch broadcaster, was prohibited from broadcasting images recorded by means of a hidden camera in the television programme ‘Project P’. The images were recorded at a secondary school in order to bring attention to the bullying of a schoolchild. The Court held that the interest of RTL in informing the public about abuses in society, such as bullying, did not outweigh the right to privacy of the fellow schoolchildren and the teachers of the school. RTL produces a television programme called ‘Project P’. In this programme...

On 10 April 2014, the Court of Justice of the European Union (CJEU) delivered its opinion in Case C-435/12 (ACI Adam/Stichting de Thuiskopie). The Court considered whether reproductions from unlawful sources fall within the private copying exemption of Directive 2001/29/EC (Copyright Directive). Advocate General (AG) Villalón was of the opinion that reproductions from unlawful sources fall outside the scope of private copying (IRIS 2014-3/3). The CJEU followed the AG’s opinion and stated that the private copying exception cannot cover reproductions made from unlawful sources, and that accordingly,...