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IRIS 2015-4:1/22 [PT] Competition Court Upholds Regulator’s Decision on Sports Broadcaster

On 28 January 2015, the Competition Court upheld the Competition Authority’s (Autoridade da Concorrência - AdC) decision regarding the prohibition of the distribution of Sport TV shares between three Portuguese media companies. Controlinveste Media, NOS (the former Zon Optimus) and Portugal Telecom (PT) where planning this procedure, known as a “triangle operation”, designed to split the Sport TV capital stock. The strategy was to sell 25 per cent to NOS (of the 50 per cent that PT owns in Sport TV), while keeping the remaining 50 per cent under the purview of Controlinveste. Following this and...

IRIS 2014-10:1/29 [PT] Amendment to the Cinema Act allows operators to pay less

Early this year, the Portuguese parliament approved the first amendment to the Cinema and Audiovisual Act (no. 55/2012, dated 6 September 2012) (see IRIS 2012-7/33 and IRIS 2013-4/26), which establishes reduced fees for operators. The act proposal was intended to provide more funding to this field of activity through the collection of a fee from pay-TV operators (namely, Zon/Optimus, MEO/PT, Cabovisão and Vodafone), an amount which is directed to the Institute of Cinema and Audiovisual (ICA - Instituto do Cinema e do Audiovisual) for later investment in the sector. However, at the beginning of...

IRIS 2014-9:1/25 [PT] New rules for public service broadcaster programming

On 9 July 2014, the Portuguese Parliament approved Act no. 40/2014 which introduces, for the second time, changes to the Television and On-Demand Audiovisual Services Act - Law no. 27/2007 (see IRIS 2011-4/30 and IRIS 2011-6/25). These modifications alter the programme-content obligations of the public service broadcaster RTP 1 (Rádio e Televisão Portuguesa). Under the new provisions, the law requires the broadcaster to include programmes that enhance the following areas: education, health, science, research, the arts, innovation, entrepreneurship, interculturalism, the promotion of gender equality,...

IRIS 2014-6:1/21 [FR] Conventions Reinforce Presence of French Cinema in Other Countries

The 67th Cannes Festival provided an occasion for French cinema to develop its presence outside its national borders. Two conventions aimed at promoting French cinema worldwide were signed on 18 May 2014 by Aurélie Filippetti, Minister for Culture, and Fleur Pellerin, Secretary of State with responsibility for foreign trade. The first, signed by the Ministry of Foreign Affairs and International Development and the Centre national de la cinématographie et de l'image animée (National Centre of Cinematography - CNC), in conjunction with the Institut Français and Unifrance Film, involves...

IRIS 2014-2:1/29 [PT] Portuguese Supreme Court’s Decision on the Absence of Licensing for the Use of Extra Speakers

On 16 December 2013, the Portuguese Supreme Court of Justice published a decision (Ruling no. 15/2013, File no. 124/11.9GAPVL.G1 -A.S1, 3rd Section, dated 13 November) which states that additional speakers connected to a television in commercial public spaces, with the intention of amplifying the sound, do not constitute a new use of the work and therefore do not require further permission of authors. According to the decision, the use of autonomous sound expansion devices on radio or television is not a re-transmission of the broadcast work, meaning that it does not require an extra authorization...