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IRIS 2013-4:1/24 [NL] Bill Modernising the Media Act 2008

On 14 February 2013, the Dutch Secretary of Education, Culture and Science, S. Dekker, introduced a bill to amend the Mediawet 2008 (Media Act 2008) in order to “modernise the system of national public broadcasting”. The system should become more compact in the future: in 2016 the public broadcasting service will consist of up to 8 broadcasters, instead of the current 21. The public broadcasting service will be composed of three cooperative broadcasters (AVRO/TROS, VARA/BNN and KRO/NCRV), two task organisations (NOS and NTR) and three independent broadcasters (EO, MAX, VPRO). New aspiring broadcasters...

IRIS 2013-4:1/23 [NL] Scribes are not Allowed under the Dutch Media Act

On 14 January 2013 the Rechtbank Amsterdam (Amsterdam District Court) ruled that electronically-added advertisements displayed with games results, so-called “scribes”, (i.e., promotional expressions) are not allowed under the Mediawet 2008 (Dutch Media Act - Mw). On 10 September 2009 the Commissariaat voor de Media (Dutch Media Authority) imposed a EUR 60,000 fine on the Nederlandse Omroep Stichting (Dutch Public Broadcaster NOS) for not complying with the sponsorship rules applicable to public service broadcasters (violating Article 2.89 (1)(b) Mw) by using the above-mentioned scribes. NOS filed...

IRIS 2013-4:1/22 [NL] Decision of the Council of State on Budget Cuts for Dutch Regional Broadcaster

On 6 February 2013 the highest Dutch administrative court, the Raad van State (Council of State), decided on an appeal filed by the Dutch regional public service broadcaster “RTV Noord-Holland” regarding cuts to RTV Noord-Holland’s budget. RTV Noord-Holland is funded by the Province of Noord-Holland. In 2011 het college van Gedeputeerde Staten van Noord-Holland (Executive Board of the Province of Noord-Holland) informed RTV Noord-Holland that its budget for 2012 would be 10% lower than the previous year and that the real index, which was usually added to its budget to compensate for increases in...

IRIS 2013-3:1/24 [NL] Tariffs for Supervising On-demand Services Introduced into Dutch Media Regulation

In a Regulation of 17 December 2012, the Dutch State Secretary of Education, Culture and Science amended the annex to Article 17 of the Mediaregeling 2008 (Media Regulation 2008). Consequently, as of 1 January 2013, on demand media services are subject to supervision costs. The Media Regulation 2008 contains implementation provisions of the Mediawet 2008 (Media Act 2008). According to Article 17, commercial media organizations must contribute to the costs of supervising their media services by the Commissariaat voor de Media (the Dutch Media Authority). These costs are determined on the basis of...

IRIS 2013-3:1/23 [NL] No Permit Required for Fox Entertainment Group’s Acquisition of Dutch Soccer Broadcasting Rights

On 29 November 2012, the Raad van Bestuur (Board of Directors) of the Nederlandse Mededingingsautoriteit (Competition Authority - NMa) decided that the acquisition of Eredivisie Media & Marketing (EMM), exploiter of the Dutch premier league soccer broadcasting rights on behalf of the top league clubs, by Fox International Channels is a concentration that does not require a permit. Fox would obtain a 51 percent share in EMM as a result of the acquisition. According to the Board, the concentration does not lead to horizontal effects that could lead to a significant impediment of the competition on...