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Product placement has been authorised in the French-speaking Community of Belgium since 19 December 2009, in compliance with Article 21 of the Coordinated Decree of 26 March 2009 on audiovisual media services. By totally banning product placement in news broadcasts and children’s programmes, the legislator has in fact gone further than is required by the AVMS Directive, but the amendment is significant nonetheless: in all other types of programme, the placement of accessories is authorised, whereas product placement stricto sensu (i.e., in return for payment) is only accepted in cinematographic...

At the end of 2009, the Vlaamse Regulator voor de Media (Flemish Regulator for the Media) issued several decisions regarding audiovisual commercial communications. Two of them will be addressed below. In a decision of 23 November 2009 the Flemish Regulator imposed on MTV Networks Belgium a fine amounting to EUR 2,500 for multiple breaches of the regulation on teleshopping. The Regulator considered three programmes (‘Hot or Not’, ‘Your Take Ringtone Chart’ and ‘Your Take’) to be teleshopping programmes. According to Article 82, §1 (1) of the Flemish Media Decree 2009, these programmes have to be...

The new Flemish Media Decree of 27 March 2009, which entered into force on 1 September 2009, allows product placement in the programmes and under the conditions stipulated in the Audiovisual Media Services Directive (Articles 98-101). Unlike the Directive, the Flemish Decree stipulates that only in programmes produced or commissioned by the media service provider itself or a company affiliated to it must viewers be clearly informed about product placement (Article 100 §1, 4). With this goal in mind, all Flemish broadcasting organisations have been using the same logo with regard to the appearance...

The tasks of the Medienrat der deutschsprachigen Gemeinschaft (Media Council of the German-speaking Community), which is responsible for regulating the audiovisual media in Belgium’s smallest linguistic community, are laid down inter alia in a decree of 27 June 2005. This decree was last amended on 3 December 2009 and is entitled Dekret über die audiovisuellen Mediendienste und die Kinovorstellungen (Decree on Audiovisual Media Services and Cinema Exhibitions). It governs not only the provision of audiovisual media services and of the transmission networks, services and facilities that fall within...

The Copyright and Related Rights Act of 30 June 1994 (published in the Belgian Gazette on 27 July 1994) has been amended on several occasions. One of the most significant amendments was the transposition into Belgian law of European Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society by the Act of 22 May 2005 (published in the Belgian Gazette on 27 May 2005). Following the transposition of Directive 2001/29/EC, the 2005 version of the Belgian law on copyright contains new provisions concerning: - the rights of reproduction,...