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IRIS 2005-10:1/31 [NL] New Rules Regarding the Programme Quota System

On 31 December 2003, the new Dutch Media Act came into force. One of the modifications had been the incorporation of some rules of the Mediabesluit (Dutch Media Decree), concerning commercial broadcasters, by the Mediawet (Dutch Media Act). Given these changes, the Commissariaat voor de Media (Dutch Media Authority) had to modify its policy rules, providing for enforcement as well as exemption rules, regarding the assessment of European, independent, recent, Dutch- or Frisian-language programme items (Beleidsregels programmaquota). These rules are applicable to public broadcasting services as well...

IRIS 2005-9:1/31 [NL] The Future of the Public Broadcasting Service

On 5 September 2005, during the `round-table discussion' with the Lower Chamber committee for Culture, the Commissariaat voor de Media (Dutch Media Authority), gave its opinion on the Dutch Cabinet's point of view, regarding the future of the Public Broadcasting Service. The Dutch Media Authority endorses the Cabinet's viewpoint that sweeping changes within the public broadcasting system are necessary in order to keep up with technological and cultural developments. The Cabinet's view on a new type of public service has been laid down in a provisional draft on which to build further. It calls for...

IRIS 2005-9:1/30 [NL] Lawsuit on the Current Private Copying Levies

On 20 July 2005, manufacturers of blank DVDs and CDs initiated legal proceedings suing the Stichting de Thuiskopie (Foundation for the Private Copy) and the Stichting Onderhandelingen Thuiskopievergoeding (Foundation which negotiates the levies - SONT) over the amount of the private copying levy on blank DVDs and CDs. The manufacturers claim that the levies for private copying are too high and that the current levies do not take into account technological developments. The manufacturers -amongst which are Fuji, Imation, Maxell, Mmore, Nashua, Sony, Verbatim and Philips- request the judge to order...

IRIS 2005-9:1/29 [NL] New Sponsorship Rules for Public and Commercial Broadcasters

On 5 August 2005, new sponsorship rules for Public and Commercial Broadcasters came into force. By adopting these new rules, the Commissariaat voor de Media (Dutch Media Authority) , aligned the previous rules with the current supervisory and regulatory practice. Probably one of the most notable modifications brought about by these rules, originates from the European Commission's interpretative Communication on certain Aspects of the Provisions on televised Advertising in the "Television without Frontiers" Directive (see IRIS 2004-6: 4) and they are to be taken into account together with the applicable...

IRIS 2005-8:1/27 [NL] BREIN's Successful Bid to Halt the Distribution of Circumvention Devices

On 21 July 2005, the District Court in Rotterdam rendered its judgment on a lawsuit initiated by Bescherming Rechten Entertainment Industrie Nederland (Protection of Dutch Entertainment Industry Rights - BREIN). This is the first time BREIN has initiated proceedings on the grounds of Article 29a of the Dutch Copyright Act and Article 19 of the Dutch Performers and Phonograms Act. Both articles implement the provisions of the European Copyright Directive that forbid the circumvention of technological protection measures and the commercial distribution of circumvention devices. The BREIN foundation...