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The public service broadcaster TROS had included nine fragments, lasting a total of three minutes and 12 seconds, of a documentary entitled “China Blue” in one of its news programmes. The Dutch Film Fund, which holds an exclusive licence in respect of the documentary, took TROS to court claiming its copyright had been infringed. TROS argued before the court, on the grounds of several articles of the Dutch Copyright Act, that it had not acted in breach of the Fund’s rights in the documentary. The decisive argument was based on Article 15a of the Dutch Copyright Act, which allows a work to be quoted...

The Commissariaat voor de Media (Media Authority)has issued adapted policy rules concerning fines on broadcasters. The new fining system entered into force on 1 May 2007. Two innovations have been made with the introduction of a short-term fine and a so-called “repeat fine”: the first is the result of an accelerated procedure to swiftly sanction broadcasters in breach of their obligations, the second is intended for broadcasters who remain in violation of their obligations. A hearing is no longer required to impose the sanctions. The main reason behind these measures is that broadcasters - especially...

As of 1 May 2007, the Commissariaat voor de Media (Media Authority) has repealed its set of policy rules known as the Sportregeling (Sports Regulation). The regulation was applicable to both public and commercial broadcasters and governed advertising practices in the ambit of sports events. The legal basis for this regulation was challenged in 2005 in a dispute before the highest Dutch administrative Court. The Raad van State (Council of State) found the policy rules compatible with the Mediawet (Media Act) but did rule that the Media Authority had erred by applying them too rigorously. Although...

Six months remain for two bickering Dutch Muslim organisations with broadcasting ambitions to reach some form of compromise. Failing to do so will constitute a “serious risk” of losing their air time altogether. The Commissariaat voor de Media (Media Authority) issued the ultimatum stating that the lack of cooperation is incomprehensible in light of the fact that no change is necessary in terms of content. The Contactorgaan Moslims en Overheid (Contact Body Muslims and Government) and the Nederlandse Moslim Raad (Dutch Muslim Council) have refused to operate under the same flag since the air-time...

Regulation 2006/2004 on the cooperation between national authorities responsible for the enforcement of consumer protection laws has been implemented in the Netherlands through the Wet Handhaving Consumentenbescherming (Consumer Protection Enforcement Act). A lack of compliance with regulations in various consumer markets was the main reason for introducing the legislation. The Consumentenautoriteit (Consumer Authority) has been set up as part of the new regime. As far as the audiovisual media are concerned, existing provisions on advertising, sponsorship, subliminal messages, diversity of programmes...