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IRIS 2007-7:1/9 [BG] Legislative Changes Concerning Distribution of Pornographic Materials

Наказателен кодекс (the Bulgarian Criminal Code) has recently been amended. One of the amendments concerns the introduction of a new criminal offence for the distribution of pornographic materials by all types of media operating in the territory of Bulgaria. A new definition of “pornographic material” has been added to Article 93, item 28 of the Criminal Act. Namely, "Pornographic material" is defined as a material which is indecent, unacceptable or incompatible with public morals and which depicts in an open manner a sexual conduct. Such conduct shall be action, which expresses real or simulated...

IRIS 2007-6:1/10 [BG] Imposing Fines for Unfair Competition in the Broadcasting Sector

The dispute between Television MM and Radio Vaselina has came to an end after a final decision of the second instance of the Supreme Administrative Court (“SAC”). This dispute began in 2004 when the Комисия за защита на конкуренцията (Commission for Protection of Competition - CPC) opened proceedings against Radio Veselina upon the complaint of Television MM regarding a possible breach of Art. 30 and Art. 34, para. 7 of the Competition Protection Act. Television MM (owned by Apace Media since August 2005) is a licensed national operator. Its channel “Television MM” is music-oriented and it is broadcast...

IRIS 2007-5:1/3 [BG] Media Coverage of the Election Campaign for Members of the European Parliament

On 22 February 2007, the Parliament passed the Zakon za Izbirane na Chlenove na Evropeyskiya Parlament ot Republika Balgaria (Act on the Election of Members of the European Parliament by the Republic of Bulgaria). The Act provides the opportunity for Bulgarian citizens to be elected members of the European Parliament for the first time. The Act was promulgated in the State Gazette (issue 20 of 6 March 2007) and entered into force on the same day. Chapter 6 of the Act regulates the media coverage (press and electronic media) of the election campaign. According to the Act, the press and the private...

IRIS 2007-4:1/9 [BG] Affiliation of Public Persons from the Media Sector with the State Security Service

Art. 26, para. 3 of the Zakon za Radioto i Televiziata (Bulgarian Radio and Television Act, see IRIS 2002-2: 3) stipulates that any person who has been an informer of the former State Security, whether full-time or part-time is not eligible for membership of the Council for Electronic Media. The same requirement applies to the members of the management boards and the general directors of the public broadcasters, which are the Bulgarian National Radio and the Bulgarian National Television (Art. 59, para. 2, subpara. 3 and Art. 66, para. 1 of the Radio and Television Act). However, these provisions...

IRIS 2007-3:1/13 [BG] Strengthening the Supervisory Functions of the Council for Electronic Media regarding Aerial Transmitting Broadcasters

At the end of 2006 amendments of the Zakon za Radioto i Televiziata (Bulgarian Radio and Television Act - see IRIS 2002-2: 3) were passed by the Parliament (State Gazette, No 105 [2006]). The amendments introduced more efficient supervisory powers for the Council for Electronic Media as regards the monitoring of the activities of all licence-holders – radio and television broadcasters (broadcasting via terrestrial transmitters). The new powers cannot be used, however, in relation to the registered media operators transmitting via cable or satellite, which represent the majority of the television...