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IRIS 2017-7:1/11 [BG] Report of the media regulatory authority on the pre-election campaign

The report of the Council for Electronic Media (CEM) represents the data and findings based on the specialised monitoring of the activity of media service providers during the pre-election campaign for the selection of Members of Parliament spanning the period from 24 February to 26 March 2017. On 21 February 2017, the Central Election Commission and the Council for the Electronic Media concluded an agreement on the principles and parameters of the specialised monitoring. The main purpose of the monitoring process was to establish the way in which the electronic media reflects the political subjects...

IRIS 2017-6:1/8 [BG] FILMAUTOR brings a suit against BLIZOO for infringement of movie copyrights

Article 21, paragraph 2 of the Bulgarian Copyright and Neighbouring Rights Act (CNRA) provides that the permission to re-transfer works by means of all other electronic communication networks simultaneously with the broadcasting or transfer in full and in an unmodified form by a different organization, may be granted only through an organization for collective management of copyrights. FILMAUTOR is an organization for the collective management of copyright. It has the right to conclude contracts on the use of the works of the authors in one or more ways and to collect moneys due, stemming from...

IRIS 2017-5:1/9 [BG] Violations of the Election Code

The elections for the Bulgarian Parliament were scheduled for 26 March 2017. The Central Election Commission of the Republic of Bulgaria (the Commission) has initiated proceedings for infringement of the Election Code during the pre-election campaign. The infringement is claimed against the coalition parties of “Unification DOST” (“Dost” in the Turkish language means "friend"). The Commission found two videos in connection with the election campaign on the coalition’s official website. One of the videos contains subtitles in a language (Turkish) other than Bulgarian. The Central Election Commission...

IRIS 2017-5:1/8 [BG] Taking advantage of a stronger position during negotiations for the distribution of ‘bTV Media Group’ Ltd. programmes

The Bulgarian Commission for the Protection of Competition (CPC) found in a decision of 28 February 2017 infringements under Article 37А of the Law on Protection of Competition that ‘bTV Media Group’ Ltd had taken advantage of a stronger position during negotiations. It imposed a pecuniary penalty of BGN 2.915.514 (approximately EUR 1.500.000). The law prohibits any action or inaction of a commercial entity with a stronger negotiation position that contradicts conscientious commercial practice and that damages or can damage the interests of the weaker party during negotiations for potential clients....

IRIS 2017-3:1/7 [BG] Changes in the Media Law on individual use of spectrum

On 27 December 2016, Article 116j of the Radio and Television Act (RTA) was revoked. This amendment to the RTA was promulgated in issue 103 of the State Gazette. Article 116j was only introduced into the RTA in 2009; however, in 2015, the European Court of Justice decided that it violated European Union law. Therefore, in December 2016, the Council of Ministers introduced a bill which revoked Article 116j RTA. Article 116j RTA: (1) An undertaking, whereto the Communications Regulation Commission has granted an authorization for use of an individually assigned scarce resource in the radio spectrum,...