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IRIS 2013-6:1/8 [BE] RTBF Infringes Self-Promotion Provisions of Broadcasting Act

On 28 February 2013, during a news programme on RTBF, the French public broadcaster in Belgium, a news report was shown regarding an upcoming episode of RTBF’s programme “The Voice Belgique”. According to the Conseil supérieur de l’audiovisuel (audiovisual regulatory body- CSA) this report infringed Article 14, § 1 of the décret coordonné sur les services de médias audiovisuels (the Broadcasting Act) requiring that commercial communication must be readily recognizable as such. The CSA also argued that the report was in breach of Article 18, § 3 of the Act which prohibits the inclusion of self-promotion...

IRIS 2013-3:1/10 [BE] Flemish Public Broadcaster Fined for the Display of Red Bull and Burton

During the programme Café Corsari on één, a channel of the Flemish public broadcaster VRT, Seppe Smits, a snowboarder, was interviewed about the Snowboard World Cup in Antwerp. Seppe Smits was wearing a cap with the logo of his sponsor, Red Bull, and a t-shirt bearing the brand of another sponsor, Burton. During the interview with Seppe Smits and during two interviews with other guests, the Red Bull logo and the Burton brand were displayed several times. According to Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM), this practice infringes Article 100, § 1, 3° Mediadecreet (Flemish...

IRIS 2013-3:1/4 Advocate General: British and Belgian Lists of Events of Major Importance Confirmed

On 12 December 2012, Advocate General Jääskinen delivered his opinion to the Court of Justice of the European Union (CJEU) in the appeals procedure between UEFA and FIFA and the European Commission and thereby upheld the previous decisions of the European General Court (cases T-385/07, T-55/08 and T-68/08). The General Court had dismissed the football authorities’ complaints about the British and Belgian lists of events of major importance that must be broadcast on free-to-air television. The member states concerned had prepared their lists in accordance with Article 3a of the Television Without...

IRIS 2012-10:1/3 European Commission: Action against Belgium for Failure to Perform Obligations in its Incorrect Transposition of the Must-Carry Broadcasting Obligation into National Law

On 24 October 2012 the European Commission announced that it had applied to the Court of Justice of the European Union (CJEU) for an order against Belgium on the grounds of the lack of transparency in its scheme of must-carry obligations for TV and radio content, as provided for in Article 31 of the Universal Service Directive (2002/22/EC). Article 31 authorises member states to impose must-carry obligations on cable operators and telecom companies for the public broadcasting of radio and television programmes. These obligations must be necessary for the pursuit of a general interest and be clearly...

IRIS 2012-9:1/10 [BE] Amended Flemish Broadcasting Act Prohibits Call-In Prize Shows

Call-in prize shows are programmes in which the broadcaster invites viewers to participate in a prize game by directly dialling premium-rate telephone numbers. In the past, such programmes have been regarded as a type of teleshopping by Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM). The Flemish Broadcasting Act defines teleshopping as “direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment”. According to VRM, these shows should be labelled as teleshopping programmes, because...