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IRIS 1999-7:1/20 [BE] the Media and the Courts - New Guidelines

On 15 May 1999 a new ministerial circular on relations between the media and the law came into force. The circular defines the procedure and the general principles for information which may be transmitted to the press by the courts and the police during the preparatory investigation stage. Under the current legal provisions contained in the act of 12 March 1998, which were designed to improve the criminal procedure at the information and investigation stage, communication to the press of information concerning preparatory investigations is the responsibility of the Crown Prosecutor after consultation...

IRIS 1999-7:1/14 [BE] the Definition of «Producer»

In a decision on 10 November 1998, the court of appeal in Brussels considered the concept of «the producer». On 8 May 1996, Kladaradatsch! and the Dutch group First Floor Features (FFF) concluded a co-production agreement for the production of a full-length film entitled "Karakter". In serious disagreement as to the exploitation and distribution of the film (the rights for which had been made over by FFF to Walt Disney Studios Belgium), Kladaradatsch! decided to take FFF to court. It claimed violation of its exclusive exploitation rights and of its exclusive distribution rights over the work....

IRIS 1999-7:1/4 [BE] Collaboration Protocol to Help Stamp Out Illegal Acts on the Internet

On 28 May 1999 a collaboration protocol came into force between ISPA Belgium (Internet Service Providers Association) and the Ministers for Telecommunications and Justice. The aim of the protocol is to help stamp out illegal acts on The Internet, particularly certain criminal offences (child pornography, racism and infringements of gambling legislation). Although offences committed via The Internet may be sanctioned on the basis of the provisions of the Criminal Code and specific criminal legislation, there are nevertheless difficulties in obtaining evidence concerning such infringements (because...

IRIS 1999-6:1/28 [BE] Towards a Revision of the Constitutional Guarantees on the Freedom of the Press and other Media?

The official publication of 5 May 1999 contains the new declaration of the revision of the Belgian Constitution. One of the articles that can be modified by the new federal parliament after the elections of 13 June 1999 is article 25 of the Constitution, an article which has not been modified since 1831. The declaration for revision of the Constitution stipulates that the guarantees with regard to the freedom of the press ("The press shall be free; there shall never be any censorship; no security can be demanded of writers, publishers or printers ... ") also have to be made applicable to other...

IRIS 1999-6:1/24 [BE] Preparation of List of Major Events and some other recent Developments in Flemish Broadcasting Law

On 4 May 1999, the Flemish Government agreed in principle on a list of events of major social significance with regard to the application of article 3bis of the "Television without Frontiers" Directive. The list contains an enumeration of international and/or national sport events (e.g., Olympics, football, cycling, tennis, athletics, motor racing, F1 car racing) and recognizes one cultural event as being protected in the sense of article 3bis of the Directive (the Queen Elisabeth Contest). The State Council, the Contact Committee in regard to application of article 23bis of the Directive and the...