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The Dutch Commissariaat voor de Media (Media Authority - CvdM) recently published a Regulation containing policy rules defining “commercial media on-demand services”, or video on-demand services, under the Dutch Media Act. Under the regulation, such video services must be registered as of 1 November 2011. The policy provides an elaboration of the criteria that determine whether a commercial media on-demand service is covered by the Dutch Media Act. The Act regulates matters such as the separation of commercial and editorial content, the protection of minors, advertising, product placement and sponsoring....

On 19 July 2011 the European Commission sent requests for information in the form of letters of formal notice, the first step in the process of an EU infringement procedure, to 20 EU member states. The member states in question, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain, have not yet notified to the Commission measures to implement the new EU Telecoms Package, formally adopted after two years of heated negotiations at the end of 2009...

On 8 June 2011 Maxime Verhagen, Dutch Minister of Economic affairs Agriculture, and Innovation, accepted an amendment to the Dutch Telecommunications Law that guarantees net(work) neutrality. In its purest form, net neutrality is the principle that all users on the internet should be able to communicate with each other without interference by third parties, such as Internet Service Providers (ISPs). The need for an amendment came after telecom companies declared that they had plans to start charging users for the use of Internet applications and services, such as WhatsApp and Skype. The main spark...

On 16 June 2011, the European Court of Justice delivered its preliminary ruling concerning the interpretation of Art. 5(2)(b) and Art. 5(5) of Directive 2001/29 on the harmonisation of certain aspects of copyright and related rights in the information society. Art. 5(2)(b) allows a private copy exception on the reproduction right of copyright owners, provided that the rightholders receive a fair compensation. According to Art. 5(5), such an exception may not conflict with a normal exploitation of the work or unreasonably prejudice the legitimate interests of the rightholder. Questions arose in...

On 1 March 2011, the Dutch Media Authority published a special edition of its annual Mediamonitor on trends and developments in Dutch media markets and companies. The English report is meant for an international audience and has a different structure from the regular annual Monitor. By informing other Member States about the national media system, the Dutch Media Authority wants to foster the safeguarding of important values, such as media diversity and the distribution of opinion power. Moreover, the overview of the facts and actual media concentration is intended to contribute to the development...