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IRIS 2014-10:1/1 European Court of Human Rights: Prezhdarovi v. Bulgaria

In an unexpected judgment, the European Court of Human Rights found a violation of the right to respect for private life, as it considered that the confiscation of computers containing illegal software was not “in accordance with the law”, as required by Article 8 of the European Convention of Human Rights (ECHR). Rumen Trifonov Prezhdarov and Anna Aleksandrovna Prezhdarova had started a business in their garage renting computers to clients, without having the necessary software licence for reproduction and distribution of the software and games that were installed on the computers. After a complaint...

IRIS 2014-9:1/11 [BG] Public service broadcaster BNT’s invitation to tender for audience data research deemed lawful

In a decision of 20 May 2014 (Решение № ЗОП-01-10/20.05.2014), the Competition Commission rejected a complaint by Mediaresearch Bulgaria EAD (“Mediaresearch”), which is part of the Nielsen Group, concerning the public invitation to tender issued by the BNT director-general for the supply of information on BNT’s audience share and the use of radio and print media. Two rival companies essentially dominate market research in the Bulgarian media sector: the complainant, Mediaresearch, and GfK Audience Research Bulgaria (“GARB”). Whereas one of the two largest commercial TV companies (Nova TV) and the...

IRIS 2014-8:1/11 [BG] CEM report on the 2014 European Parliament elections

On 10 June 2014, the Council of Electronic Media (“CEM”) published its report on the 2014 European Parliament elections. The Election Code of Bulgaria for the first time requires the identification of both the free of charge political campaigning and the paid forms of political campaigning (Article 179 of the Election Code). The monitoring has demonstrated, as regards TV programmes, that there is a trend to distinguish in a clearer manner paid content from non-paid content. Part of the media service providers (Nova television, bTV, TV 7, Bulgaria on air, Eurocom Tsarevets, bTV Action, TV Plus)...

IRIS 2014-8:1/10 [BG] Report on the compliance with the prohibition for offshore companies to own media in Bulgaria

On 1 July 2014, the prohibition for offshore companies to own media or to take part in the ownership of media entered into force. The prohibition refers to periodical, radio and/or television (for more details see IRIS 2014-3/9). The ban is applicable to companies, who are registered in countries with a preferential tax regime and applies to any person related to them as well as their beneficial owners. On 14 July 2014, the Council for Electronic Media (“CEM”) presented an expert report, in which the owners of the television companies, that are offshore companies, are listed as follows: bTV Media...

IRIS 2014-8:1/9 [BG] Request for the termination of licences for terrestrial broadcasting of two specialised programmes

On 20 May 2014, the Council for Electronic Media took decisions to terminate the licences for the distribution of two audiovisual media services. On the one hand, this concerned the audiovisual media service under the label „bTV Lady+1“, having a specialised profile (targeting the female audience), nation-wide territorial coverage and designed for distribution by means of terrestrial digital distribution networks. The other decision was directed towards the audiovisual media service under the label „РИНГ.БГ+1“ (RING.BG+1) having a specialised profile (in the fields of sports and entertainment),...