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IRIS 2010-1:1/55 [BE] Decree of the Media Council of the German-speaking Community of Belgium

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...

IRIS 2010-1:1/54 [BE] Copyright in Belgium after 2005

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,...

IRIS 2010-1:1/9 [BE] Advertising to Promote Children’s Programmes on the Public Broadcaster not Discriminatory

On 14 October 2009, the Belgian Jury voor Ethische Praktijken inzake Reclame (Jury for Ethical Practices Concerning Advertising) issued a decision on a complaint, lodged by a member of the public, against the Flemish public broadcasting corporation VRT. The Jury for Ethical Practices Concerning Advertising is the self-disciplinary authority of the advertising and marketing sector in Belgium. It examines the compliance of advertisements with self-disciplinary advertising codes, such as the International Chamber of Commerce’s International Code of Advertising Practice, either after a complaint by...

IRIS 2009-10:1/30 European Commission: German “Must-Carry” Case Closed, but Belgium Is Taken to Court

On 8 October 2009, the European Commission decided to close an infringement procedure against Germany relating to European “must-carry” provisions, as set out in the Universal Services Directive. The Directive forms part of the EU’s Telecoms Package, which is currently under revision. Under the Directive, Member States are obliged to ensure a minimum level of availability and affordability of basic services, as well as a basic set of rights for the benefit of European consumers. According to Article 31, proportionate and transparent “must-carry” rules can be set for clearly defined general interest...

IRIS 2009-10:1/5 [BE] Public Broadcaster Found in Breach of Ethical Requirements for Undercover Journalism

As part of the television programme “Volt”, a report covering the “prescription behaviour” of physicians was transmitted on 22 October 2008 by the Flemish public broadcaster (VRT). For the report, four physicians had been videotaped on a hidden camera during a consultation. The physicians’ faces had been blurred, but their voices had not been changed. The report was also accessible via the website of the television programme. Subsequent to the transmission, the physicians lodged a complaint with the Vlaamse Raad voor de Journalistiek (Flemish Council for Journalism Ethics). First of all, the Council...