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On 18 March 2009, the Flemish Parliament officially approved the text of the new media decree, which primarily aims at transposing the Audiovisual Media Services Directive 2007/65/EC into regional law. Following this final approval, only publication in the Belgisch Staatsblad (Belgian Monitor), which is expected in a short time, is necessary so as to make the new Flemish decree legally binding. As the French Community also already adopted a decree in pursuance of Directive 2007/65/EC on 5 February 2009 (published in the Belgian Monitor on 18 March 2009), Belgium is proving itself to be one of the...

The Media Commission of the Flemish Parliament has accepted an important modification to the draft of the new Media Decree (see IRIS 2009-2: 8). In pursuance of the European Court of Human Rights judgment in the case of TV Vest SA and Rogaland Pensjonistparti v Norway (see IRIS 2009-3: 2), the Commission has approved a provision allowing paid political advertising on radio and television in pre-election time (Article 47). The provision’s viability, however, depends on a double condition: approval in the plenary session of the Flemish Parliament and modification of the federal law on election expenditure...

In its decision of 15 January 2009, the Conseil d’Etat (Belgian administrative court) repealed the decision of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body of the French-speaking Community - CSA ) of 29 November 2006, which ruled that “since 1 January 2006, the S.A. TVi has been broadcasting RTL-TVi and Club-RTL services, of which it is the editor, without authorisation” and which imposed a fine of EUR 500,000 on TVi. The case featured the CSA on one side and CLT-UFA, a Luxembourgish broadcasting company, and its Belgian subsidiary TVi, a broadcasting company under Belgian...

In December 2008, the Vlaamse Regulator voor de Media (Flemish Regulator for the Media - monitoring and enforcement of media regulation) issued several interesting decisions. Two of them will be addressed below. Firstly, the Algemene Kamer (General Chamber) condemned the commercial broadcasting corporation SBS Belgium for a triple breach of the so-called “20 minutes rule” during the broadcasting of the programme “Lost”. This rule, described in Article 101 § 5 of the Omroepdecreet (Flemish Decree on Radio-broadcasting and Television), requires a period of at least twenty minutes to intervene between...

On 5 December 2008, the Flemish Government approved a draft of a new Media Decree, which aims to implement the Audiovisual Media Services Directive 2007/65/EC. The draft has been introduced in the Flemish Parliament, which is strongly expected to grant its approval to the final text of the new Decree before the regional elections in June 2009. The draft contains a set of modifications and modernizes the broadcasting law in the Flemish Community. Some of its most striking characteristics are highlighted below. The draft differentiates between “broadcasting activities” and “broadcasting services”....