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IRIS 2006-10:1/26 [PL] Constitutional Tribunal Examines Act on Cinematography

The Polish Constitutional Tribunal held in its judgemnt of 9 October 2006 that the provision of Article 19 paragraph 9 of the Act of 30 June 2005 on cinematography is in conformity with the Constitution of the Republic of Poland. The Act of 30 June 2005 on cinematography came into force on 19 August 2005; provisions on deductions being an important part of the cinematographic production support system (Article 19) came into force on 1 January 2006 (see IRIS 2006-1: 18) The Act on cinematography established in its Article 19 an indirect support system aimed at strengthening the domestic cinematographic...

IRIS 2006-7:1/31 [PL] Constitutional Tribunal on the Amendment of the Broadcasting Act

In its decision of 23 March 2006, the Polish Constitutional Tribunal has found certain regulations of the Polish Broadcasting Act to be unconstitutional. The subjects of the constitutional complaint were the amendments of 29 December 2005 to the Broadcasting Act and other Acts (see IRIS 2006-2: 18) which included some important changes concerning the composition and functioning of the National Broadcasting Council (NBC), the protection of ethics of journalism as a new task of the NBC and the privileged treatment of so-called “social broadcasters”. NBC is one of the constitutional organs of State...

IRIS 2006-6:1/31 [PL] Amendment of the Polish Broadcasting Act Due to a Decision of the Constitutional Tribunal

The Broadcasting Act of 29 December 1992 (Journal of Laws of 2001 No. 101, Item 1114 with subsequent amendments), which mainly governs the audio-visual sector in Poland, has been most recently amended on 29 December 2005. Some of those amendments caused legal reservations and a lot of discussions, e.g. the fact that the Chairman of the National Broadcasting Council (NBC) should be appointed and dismissed by the President of the Republic of Poland. Upon appeal the Constitutional Tribunal, which is authorised to review norms in the context of the principles laid down in the Constitution of the Republic...

IRIS 2006-6:1/6 European Commission: Go-Ahead to Media Support Schemes in Denmark, France, Ireland and Poland

The European Commission recently approved under EC Treaty state aid rules four aid schemes meant to support film making in Poland and Ireland, music recordings by new talent in France and newspaper distribution in Denmark. All four schemes were found to entail no undue distortion of competition within the Single Market. The Danish plans sought to give publishers of certain newspaper-like publications direct grants totalling EUR 1.3 million. The aid will enable publishers to freely choose their distributors in their efforts to distribute these publications. In deciding to favour this scheme, the...

IRIS 2006-5:1/30 [PL] Amendment to Copyright and Related Rights Act Adopted

On 8 April 2006, an Act amending the Copyright and Related Rights Act of 4 February 1994 (with later amendments) has been given to the President for signature. This Act is aimed at achieving full implementation of the Directive 2001/84/EC of the European Parliament and of the Council on the resale right for the benefit of the author of an original work of art (so-called droit de suite) into the Polish legal system In the course of the legislative procedure the Sejm - the lower chamber of the Polish Parliament - had adopted the Act on 23 March 2006. The Senate - the upper chamber of the Parliament...