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The Dutch television programme " Breekijzer " was fined by the Commissariat voor de Media (the Dutch Media Authority - CvdM) for self-promotion. The broadcaster of the programme, SBS6, appealed, but the Court rejected the appeal on the merits of the case. In the final appeal, the ABRvS (the Dutch Supreme Court for Administrative Law) upheld the verdict of the CvdM. According to Article 52j of the Mediabesluit (Dutch Media Regulation), commercial broadcasters may not show names, pictorial marks, services and activities, etc., of persons, companies or institutions in television programmes, when...

In reaction to a press release from a national parents' association, the State Secretary for Education, Culture and Science has evaluated the functioning of the Dutch classification system for audiovisual media, Kijkwijzer (see also IRIS Plus 2003-10). The association, Ouders en Coo, publicly cast doubt upon the classification system, stating that ten films had been rated too low. Kijkwijzer was introduced on 22 February 2001 by NICAM (Dutch Institute for the Classification of Audiovisual Media), the organization responsible for the development and implementation of Kijkwijzer on behalf of the...

UPC (a Dutch cable operator) exploits the cable television network in Wageningen and is bound by a contract with the municipality that was set up by its legal predecessor. The contract provided for the municipality of Wageningen to have a certain degree of control over the provision of cable services in the municipality. Since 1997, the Mediawet (Dutch Media Act) states that the minimum set of programmes offered by a cable provider must include a must-carry package of programmes that is defined in the Media Act and an additional may-carry package. In principle, the cable provider is free to transmit...

The Dutch College van Beroep voor het Bedrijfsleven (Trade and Industry Appeals Tribunal ­ CBB) took the next step towards the solution of the dispute between Canal+ and UPC over Canal+' s access to the cable network of UPC. In its decision of 3 December 2003, the CBB partly annulled a decision of the Dutch Court of Rotterdam of 26 February 2003 (see IRIS 2003-4: 10) concerning disputes between the Onafhankelijke Post en Telecommunicatie Autoriteit (Dutch Regulatory Authority for the telecommunications sector­ OPTA), UPC and Canal+. At the heart of this proceeding lies the interpretation of Article...

By order of the OM (the Dutch Public Prosecutions Department), the FIOD-ECD (the Dutch Fiscal Intelligence and Investigation Service) shut down the Dutch web-site ondertitels.nl. The initiative to have the web-site shut down was taken by Stichting BREIN, the Foundation for the Protection of Rights of the Entertainment Industry in the Netherlands. Subtitles ancillary to over 5,000 films were available on the web-site in many languages and could be used in copied films. BREIN reports that the web-site was visited by over 40,000 users a day and that over 3,500,000 subtitles were downloaded from the...