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IRIS 2012-1:1/2 Court of Justice of the European Union: Ruling on the Obligations of Online Intermediaries

On 24 November 2011 the European Court of Justice delivered its long-awaited judgment on the legality of injunctions obliging ISPs to install filtering systems on their networks for reasons of copyright enforcement. The case involved a dispute between Scarlet Extended SA, an internet access provider operating in Belgium, and the Belgian collective management organisation Société d’Auteurs Belge - Belgische Auteurs Maatschappij (Society of Authors, Composers and Publishers - SABAM). SABAM initiated the proceedings alleging that Scarlet (formerly Tiscali) has knowingly permitted the illegal downloading...

IRIS 2011-10:1/8 European Commission: Belgium and UK Requested to Implement Outstanding Provisions of the AVMS Directive

The European Commission has requested Belgium and the UK to implement outstanding provisions of the EU’s Audiovisual Media Services (AVMS) Directive. The AVMS Directive aims at ensuring a single market and legal certainty for Europe’s TV and audiovisual industry. This is done through the creation of a level playing -field for both broadcast and on-demand audiovisual media services across borders, while ensuring cultural diversity, the protection of children and consumers, the safeguarding of media pluralism and combating racial and religious hatred. This Directive is based on the principle of the...

IRIS 2011-9:1/20 [FR] CNC Publishes Comparative Study on Tax Incentives for Location of Audiovisual and Cinematographic Production

The purpose of the international tax credit instituted by the 2009 Budget and embodied in Art. 220 quaterdecies of the General Tax Code is to make it easier to shoot and manufacture in France cinematographic and audiovisual works originated by a non-French producer and containing elements that attach it to the culture, heritage or territory of France. Thus the tax credit is granted to a company that carries out the executive production of a work in France, subject to the company being approved by the national cinematographic centre (Centre National de la Cinématographie - CNC). The credit represents...

IRIS 2011-8:1/44 [BE] Flemish Digital-Only Channel Sanctioned for Broadcasting Harmful Content for Minors

On Sunday 1 May 2011 in the early evening (around 18:20), the programme True Blood was broadcast on the Flemish digital-only channel Acht. This episode contained horrific images, such as a chained man in a dungeon between dead bodies covered with blood. The Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM) ruled that the broadcaster infringed Art. 42, §2 of the Mediadecreet (Flemish Broadcasting Act). Article 42 of the Flemish Broadcasting Act contains rules protecting minors against harmful content. Article 42 §1 includes an absolute ban on linear television programmes that might...

IRIS 2011-8:1/14 [BE] Report Covering Funeral of Politician Not Unethical

On 22 June 2011 the Conseil de déontologie journalistique (Council for Journalism Ethics of the French Community) pronounced its decision regarding a complaint filed against the public broadcaster RTBF because of a report covering the funeral of M.-R. Morel. The latter was attached to the extreme right political party Vlaams Belang (Flemish Interest) and she eventually died of cancer, after her illness had been widely publicised with her consent. The report was part of the public broadcaster’s news bulletin. In this report an explicit link was drawn between the illness of M.-R. Morel and her commitment...