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IRIS 2005-3:1/8 [BE] Senate Agrees on Modified Bill on the Protection of Journalistic Sources

After several law proposals since 1985 a bill on the protection of journalistic sources is now finally on its way to being voted on by the Belgian parliament. After a first reading by the Chamber of representatives in July 2004, the Senate on 27 January 2005 approved a modified version of the proposed law. The text has now been sent back to the Chamber for final approval. Since Belgium was found by the European Court of Human Rights to have permitted unnecessary and disproportionate interferences by the judicial authorities disrespecting the confidentiality of journalistic sources in the case of...

IRIS 2005-2:1/10 [BE] Battling over Peer-to-peer Activities

On 26 November 2004 the presiding judge of the regional court in Brussels delivered an order with so far considerable effect in the world of copyright and Internet service providers. It is the latest episode in the battling between rightholders and ISPs over software (such as KaZaA) for downloading musical works in peer-to-peer mode, ie from one computer to another without passing through a centralised server, and without payment. Belgian copyright law allows a complainant to apply to the courts to have a stop put to infringements of copyright in the accelerated "urgent matter" form but with a...

IRIS 2005-1:1/14 [BE] New Order on Identification System

On 8 November 2004, the Moniteur belge (Belgian official gazette) published the new order of the Government of the French-speaking Community of 1 July 2004 on protecting minors from television programmes likely to be damaging to their physical, mental or moral development. From 1 January 2005, this order will replace the previous order of 12 October 2000, which defines the identification markings currently used for television programmes (see IRIS 2001-2: 5). A new system of markings will therefore be used by television broadcasters in the French-speaking Community. As it had done through previous...

IRIS 2005-1:1/13 [BE] Court Finds that Political Party Incited to Discrimination, Hatred and Xenophobia

On 9 November 2004, the Hof van Cassatie/Court de Cassation (the Belgian Supreme Court) confirmed the judgment of the Court of Appeal of Gent of 21 April 2004 convicting three organisations of the political party Vlaams Blok (Flemish Block). In application of the antiracism law of 30 July 1981 the organisations were convicted for giving assistance to a political party that has manifestly and repeatedly incited to discrimination and xenophobia, especially towards citizens of Moroccan and Turkish origin. The Court referred to different kinds of publications of the Flemish Block, each of them propagating...

IRIS 2004-10:1/77 [IT-BE] Films Co-Production Agreement between Italy and Belgium

On 15 October 1970 a Co-Production Agreement was signed between Italy and Belgium. It entered into force on the same day, replacing the precedent Agreement of 28 October 1961. The Agreement applies to short films and full length films, made producers from Italy and from Belgium jointly. Multilateral co-productions are possible with producers from third countries being linked to Italy or Belgium by a co-production agreement. Financial participation shall be at least 30% (or by way of an exception: 20%), in the case of multilateral co-productions at least 20% of the total cost of the film. For further...