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IRIS 2003-7:1/12 [DE] Decision on Telephone Sex Advertising and Sex Clips

At its meeting on 19 and 20 May 2003, the Direktorenkonferenz der Landesmedienanstalten (Congress of Land Media Authority Directors - DLM) decided that the Landesmedienanstalten (Land Media Authorities) and the Kommission für Jugendmedienschutz (Commission for Youth Protection in the Media - KJM), which was set up in April this year, should act to combat the increasing number and form of telephone sex advertisements and sex clips on television. The decision was taken on the basis of the survey of "telephone sex advertisements and sex clips" carried out by the Gemeinsame Stelle Jugendschutz, Programm,...

IRIS 2003-7:1/11 [DE] Bundesrat Decides on "Television Without Frontiers" Directive

At its meeting on 23 May 2003, the Bundesrat (upper house of parliament) gave its opinion on the planned revision of the "Television Without Frontiers" Directive (Council Directive 97/36/EC amending Directive 89/552/EEC). The Bundesrat welcomed the efforts already made by the European Commission to initiate a debate on the potential need for the regulatory framework to be adapted and, as part of the further development of the Directive, to take into account all specific instruments of European audio-visual policy and their interaction with other policy areas. This strategy should help to pursue...

IRIS 2003-6:1/21 [DE] Review of Media Decree on Taxation of Film and TV Funds

For some time now, the taxation of media and film aid funds in Germany has again been a topic of debate in economic and legal circles. The discussions have been triggered by announcements from the Bundesfinanzministerium (Ministry of Finance) that the current Medienerlass (Media Decree) of 23 February 2001 is to be amended. For example, at a conference in Berlin on 10 February 2003 (" The First Annual European Film Finance Forum ­ New Financial Perspectives for the Film Industry "), the Parliamentary State Secretary of the Federal Minister of Finance stated that the Media Decree would be closely...

IRIS 2003-6:1/15 [DE] No Guaranteed Right to Cancel Pay-TV Subscription

In a ruling of 13 March 2003, the Bundesgerichthof (Federal Supreme Court - BGH) decided that pay-TV subscribers have no legal right to cancel a subscription agreement. Such agreements do not necessarily need to include a clause concerning power of revocation in favour of the subscriber. The plaintiff had referred to Article 505 para. 1 no. 2 of the Bürgerliches Gesetzbuch (Civil Code - BGB), under which consumers are legally entitled to cancel hire purchase agreements concerning goods of the same kind. Since this rule only applies to goods (and not services), it would only apply by analogy in...

IRIS 2003-6:1/14 [DE] End to Dispute Over Transmission of "Saving Private Ryan"

The legal dispute over whether the broadcast of the film "Saving Private Ryan" was admissible (see IRIS 2003-4: 6 and IRIS 2002-8: 6) has been resolved. ProSieben Sat.1 Media AG (ProSieben) and the Medienanstalt BerlinBrandenburg (Berlin-Brandenburg Media Authority MABB) had taken their dispute over the admissibility under the youth protection law of the broadcast of an edited version of the film at 20.15 to a number of different courts. On 5 January 2003, ProSieben had then broadcast the film at 20.15 without the necessary permission, whereupon the MABB launched proceedings to fine the broadcaster....