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IRIS 2017-10:1/11 [CY] Broadcaster sanctioned for insults/profanities heard during live broadcast

The Administrative Court upheld a decision of the Cyprus Television Authority to sanction the Cyprus Telecommunications Authority (CYTA) for a broadcast in which insults and profanities were heard during the live coverage of a football match. The live transmission by the channel Cytavision-Sports1 took place between 7 pm and 9 pm, so during the family viewing zone. The Authority found that the broadcaster violated Rule 21.4 of the Normative Administrative Acts KDP 10/2000, which stipulates that broadcasters have the obligation to take measures to ensure that programmes adhere to the generally accepted...

IRIS 2017-10:1/10 [CY] Amendments to Public Broadcaster Law in breach of the Constitution of Cyprus

The plenary of the Supreme Court decided that amendments to the law on RIK - the Cyprus Broadcasting Corporation -, L. Chapter 300A, were in breach of Article 28 (equality before the law) of the Constitution of Cyprus. The amendments subject the operation of new channels to the condition that the economic viability of existing audiovisual media service organisations would not be threatened, and further prohibit the inclusion of advertising and commercial announcements addressed to the territory of the Republic of Cyprus in re-transmitted broadcasts from other EU or third countries. The Court decided...

IRIS 2017-10:1/9 [CY] Media Law amendments in breach of the European Treaty and the Constitution of Cyprus

Provisions of the Law on Radio and Television Organisations of 2016 violate Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and they do not come under any allowed exception. The law is in conflict with European Law, which is superior to the Constitution of Cyprus, decided the plenary of the Supreme Court on a reference by the President of the Republic. The decision followed an intermediary verdict in which the Supreme Court rejected an application by the House of Representatives that the case be referred directly to the Court of Justice of the European Union (CJEU)...

IRIS 2017-8:1/11 [CY] Television temporary licences extended for one year to June 2018

The operation of audiovisual media service providers will continue with temporary licences until the end of June 2018. This is provided by Law 81(I)/2017, which amends the Basic Law on Radio and Television Organisations L. 7(I)/1998, published in the Official Gazette on 30 June 2017; the law amends Article 56 of the Basic Law and authorises the Radio Television Authority to extend the validity of television licences for all operating service providers for one more year. Following the switchover to digital television in July 2011, temporary licences for digital transmission replaced the licences...

IRIS 2017-6:1/9 [CY] Supreme Court rejects request to refer media law case to the CJEU

In a pretrial decision the Supreme Court rejected on 5 April 2017 a request by the House of Representatives of the Republic to seek the opinion of the Court of Justice of the European Union (CJEU) on a number of pretrial questions related to media issues. The Court found that the questions were formulated in a generic manner, while in the application of the House of Representatives, the reason(s) the interpretation of the CJEU was sought were not precisely determined as requested by the rules of pretrial reference. Moreover, “the formulation of the questions refers and seeks the opinion of the...