Search results : 234

Refine your search
Results display : Short Long
IRIS 2014-9:1/9 [BE] Flemish Media Regulator fines broadcasters for infringements of commercial communication provisions

On 2 September 2014, the Flemish Media Regulator (Vlaamse Regulator voor de Media) published three decisions in which it found that two broadcasters had violated the provisions in the Flemish Media Decree that prescribe the conditions under which teleshopping, sponsoring, and advertorials may be broadcasted. The first decision (2014/036) concerned a teleshopping programme, Jim Request Live, which was interrupted five times after less than 15 minutes. Article 82, § 1, 3° of the Flemish Media Decree, however, states that teleshopping programmes must last for at least 15 minutes before being interrupted....

IRIS 2014-9:1/5 Court of Justice of the European Union: CJEU introduces concept of parody in EU Law: Deckmyn v. Vandersteen

A judgment of the Court of Justice of the European Union (CJEU), by way of a preliminary ruling delivered on 3 September 2014, once more deals with the conflicting interests of copyright protection and the right to freedom of expression and information (see Case-C-70/10 Scarlet Extended v. SABAM (see IRIS 2012-1/2), Case C-360/10 SABAM v. Netlog NV (see IRIS 2012-3/3) and Case C-314-12 UPC Telekabel v. Constantin Film Verleih (see IRIS 2014-5/2). In a case concerning the concept and application of the parody-exception in copyright law, the CJEU held that a “fair balance” must be obtained between...

IRIS 2014-7:1/5 [BE] New criminal provisions for online solicitation for sexual purposes and cyberluring

On 10 April 2014 two new (complementary) acts were adopted in Belgium that amend the Criminal Code in order to protect minors against solicitation for sexual purposes through ICT (information and communication technologies) ‘grooming’, on the one hand, and ‘cyberluring’ (‘cyberlokken’), on the other hand. The first act introduces a new article 377quater in the Criminal Code, which criminalises the proposal, through information and communication technologies, of an adult to meet a child who has not reached the age of 16, for the purpose of committing any of the offences established in the sections...

IRIS 2014-3:1/8 [BE] Court Confirms RTBF’s Right to Publish Written Content on its Website

Since 2010, Belgian French-language newspaper publishers have been in dispute with the Belgian public service broadcaster RTBF, which they accuse of developing its online activities, more specifically by publishing written content on its website in addition to the audiovisual content that forms part of its public broadcasting remit. The newspaper publishers claim that this written content creates unfair competition, especially as it benefits from public funding in the form of the annual subsidy granted to the RTBF by the French Community of Belgium. The publishers have brought three legal actions...

IRIS 2013-8:1/6 Court of Justice of the European Union: Appeals from UEFA and FIFA Rejected

On 18 July 2013, the Grand Chamber of the Court of Justice of the European Union (CJEU) dismissed the appeals made by the Union des associations européennes de football (UEFA) and the Federation internationale de football association (FIFA) to set aside the judgment of the General Court of the European Union in the case T-55/08 UEFA v. Commission [2011] and the case T-385/07 FIFA v. Commission [2011] (see IRIS 2011-3/3). The Grand Chamber upheld the decisions of the General Court and the European Commission regarding the compatibility with Community law of measures taken by the UK and Belgium on...