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IRIS 2001-10:1/8 [BE] Ban on RTL-TVI Programme Containing Images of Prisoner

In a judgment of 20 September 2001, the Brussels civil court banned a television programme of the commercial television station RTL-TVI. The film was a reconstruction of a hostage-taking and escape attempt by a prisoner, Peter C., who was sentenced to death some 20 years ago, but whose sentence was subsequently commuted to life imprisonment (forced labour). The failed escape attempt by Peter C. took place in 1984 and the RTL-TVI programme contained some authentic images from that time, along with images of reconstructed scenes played out by actors, with the main actor bearing a strong resemblance...

IRIS 2001-9:1/12 [BE] New Executive Agreement 2002-2006 between VRT and Flemish Government

After long and difficult negotiations between the public broadcasting organisation VRT and the Flemish Government, a new agreement has been reached on the specific rules and conditions for the allocation of public finances to the VRT. According to Articles 15-17 of the Flemish Broadcasting Act, such an agreement between the VRT and the Flemish Government is necessary for each new period of five years. The new executive agreement will replace the agreement for 1997-2001. The agreement emphasises the "mission statement" of the VRT, as formulated in the Flemish Broadcasting Act (Article 8), with...

IRIS 2001-8:1/10 [BE] End of Political Broadcasting on Public Radio and Television

By an Act of 6 July 2001, the Flemish Parliament has abrogated the provisions in the Flemish Broadcasting Act guaranteeing the direct access of political parties to public broadcasting. According to Article 27ter and 27quater of the Broadcasting Act 1995 (as amended) and a Decree of the Flemish Government of 15 October 1999, every political party represented in the Flemish Parliament was guaranteed access to public radio and television (VRT) to broadcast their political messages on a regular basis. The VRT was obliged to broadcast programmes produced by the political parties for two ten-minute...

IRIS 2001-4:1/25 [BE] User Punished for Child Pornography on the Net; ISPs Not Convicted

In a judgment of 17 November 2000, the Hasselt Criminal Court convicted a person who was found in possession of pictures and software containing images of sexual behaviour of a pornographic character featuring minors aged under 16. He was convicted under Article 383bis of the Criminal Code. Two Internet Service Providers (ISPs) whose infrastructure and services had been used to distribute and receive the illegal content on the Internet were not convicted. The Court referred to the basic rules of the Belgian Collaboration Protocol to Help Stamp Out Illegal Acts on the Internet (see IRIS 1999-7:...

IRIS 2001-4:1/24 [BE] Conditional Duty on Internet Service Provider to Withdraw Allegedly Illegal Hyperlinks to MP3 Websites

A judgment of 13 February 2001 of the Brussels Court of Appeal has overruled a judgment of the Commercial Court of 2 November 2000 ordering the Internet Service Provider Belgacom/Skynet, at the request of IFPI/NV Universal, to remove hyperlinks pointing to illegal MP3 files from its server. The Court of Appeal was of the opinion that the refusal to remove hyperlinks to files allegedly in breach of copyright and neighbouring rights at the demand of the rightsholders may be considered an act of unfair competition. However, removal is only obligatory under certain conditions that were developed in...