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IRIS 1999-4:1/20 [GB] Regulator Sets out Guidelines on Permitted Concentration of Digital Broadcasting Services

The Independent Television Commission (ITC), the UK regulatory body for private sector broadcasting, has issued guidelines on the digital points system setting out the permitted provision of digital programme services. They apply only to digital terrestrial television and do not apply to "qualifying services", which are services provided by existing analogue broadcasters and are automatically entitled to reserved capacity in digital terrestrial multiplexes. The Broadcasting Act 1996 amended the Broadcasting Act 1990 to set new restrictions on concentration of services. The system is that no one...

IRIS 1999-4:1/10 [GB] Copyright Judgment of General Interest to Audiovisual Community

The case concerned the publication in the "Sun" newspaper of still photographs (of the late Princess of Wales and Dodi Fayed) from film taken by a video security camera. The court held that the use made of the stills by the paper fell within the scope of "reporting current events", in relation to an event which was in the public interest. It further commented that there is a general public interest defence to copyright infringement in principle. However, it is not of wide scope (something like "just cause or excuse") and a genuine public interest in the information disseminated has to be demonstrated....

IRIS 1999-3:1/26 [GB] Background Briefing Paper on the "Football Broadcasting Agreements" Case Published by Office of Fair Trading

The paper details the main points to be considered by the court. It describes the content of the rules and the agreements, and it sets out the Office of Fair Trading's overall position on the matter. The case, currently being heard in the Restrictive Practices Court, involves the Office of Fair Trading, the Premier League, BSkyB, and the BBC. It started on January 12, and will go on till some time during April. The judgement is expected during June. The issue concerns the validity of Football Associations' Premier League rules and restrictions, contained in agreements entered into between the League...

IRIS 1999-3:1/25 [GB] Broadcasting Standards Commission Issues Statement Regarding

The Broadcasting Standards Commission has included a statement in its most recent Bulletin, arising from its consideration of complaints made against several programmes "within Channel 5's late night erotic strands". The Commission, relying on recently published evidence, notes the public's increasing acceptance and tolerance of "sex on television" only if it is "justified within a dramatic or informative context". The point of the programmes complained of was "clearly erotic". The Commission stated that "the inclusion, for its own sake, of erotic material in a free to air television service is...

IRIS 1999-3:1/7 [GB] Court Clarifies Role of Regulatory Authority

The English High Court has clarified the role of the Independent Television Commission which regulates private broadcasting in the UK. Apart from accepting the legitimacy of economic regulation by the Commission, the court indicated that it will be reluctant in future to overturn decisions of substance made by it. The facts concerned the distribution of programmes by the satellite service BSkyB and cable operators. Channels were sold in packages and premium channels with a high consumer appeal were only available to subscribers who also took a number of basic channels. The satellite and cable companies...