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IRIS 2000-6:1/23 [NL] Proposals to Improve Constitutional Protection of Communications

In recent years questions have arisen concerning the constitutional protection of the freedom of communication in the Information Society. The current provisions in the Dutch Constitution (Grondwet or Gw) (e.g. art. 7 and art. 13 Gw) were originally drafted in the nineteenth century and were not designed for modern-day technology. Now a new report, by a governmental commission under Leiden-based professor H. Franken, suggests some major changes to the constitution. The report gives an outline of the present developments that are shaping the Information Society. It highlights the changing role...

IRIS 2000-5:1/14 [NL] Dutch Government Publishes Policy Paper on Cable

The Dutch government has published the long-awaited policy paper on the regulation of cable television networks. According to the paper, several problems exist relating to matters such as access to the networks by program service providers and concerning the composition of the so-called "basic package" (15 television and 25 radio programs that an operator has to carry on his network on the advice of a program committee composed of local representative organizations). The existing regulatory framework will be adapted in order to further clarify the existing dispute resolution procedure in case...

IRIS 2000-5:1/13 [NL] List of Important Events Proposed

On 17 March 2000, the Dutch State Secretary for Education, Culture and Science brought before the Dutch Parliament a list of events that are of major importance for Dutch society. These events should remain available to the general public on an open television network. The legal basis for the list is found in Article 72 of the Bill to transpose the "Television Without Frontiers" Directive (89/552/EEC, amended by 97/36/EC). Article 72 transposes Article 3a of the Directive. In accordance with European regulations, Article 72 guarantees viewers access to live coverage of the events described in Article...

IRIS 2000-4:1/34 [NL] Copyright of Photographer Not Infringed in TV-Program

A photographer claimed his copyright was infringed because his photographs had been shown without his consent in a television programme of the Dutch broadcaster VPRO. The TV-program was about the problems in a certain district of Amsterdam where a lot of immigrants live. The photographer had compiled a report about this subject, which had been published in a newspaper. One of his photographs portrayed an immigrant boy. This picture was shown several times in the TV-program because of the conflict between the photographer and this boy. Also, excerpts of phone calls between the photographer and the...

IRIS 2000-3:1/18 [NL] TV Commercials Aimed at Children

The state secretary for Education, Culture and Science has answered the questions of members of the Lower Chamber of Parliament concerning the proposal for the Concession Act (IRIS 1999-8: 11). In the proposed Act the willingness to introduce restrictive measures concerning commercials that are aimed at children, is limited to the creation of a legal basis for possible further legislation and a prohibition on sponsoring children programs. The government thinks that a complete ban on commercial and public broadcasting organisations from broadcast commercials that are directed to minors, would be...