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IRIS 2013-8:1/6 Court of Justice of the European Union: Appeals from UEFA and FIFA Rejected

On 18 July 2013, the Grand Chamber of the Court of Justice of the European Union (CJEU) dismissed the appeals made by the Union des associations européennes de football (UEFA) and the Federation internationale de football association (FIFA) to set aside the judgment of the General Court of the European Union in the case T-55/08 UEFA v. Commission [2011] and the case T-385/07 FIFA v. Commission [2011] (see IRIS 2011-3/3). The Grand Chamber upheld the decisions of the General Court and the European Commission regarding the compatibility with Community law of measures taken by the UK and Belgium on...

IRIS 2013-7:1/16 [GB] New Defamation Act Clarifies Defences to Defamation Claims

On 25 April 2013, the Defamation Act 2013 completed its passage through Parliament with the Royal Assent. The Act aims to correct serious problems for all types of media caused by the UK’s law of defamation that allows individuals and companies to sue for allegedly defamatory statements; it does so by a mix of different provisions either clarifying or modifying the existing law. The Act does not attempt to set out any general codification of the law of defamation. Most provisions apply only to England and Wales as Scotland has separate and different legal rules. The Act provides that a statement...

IRIS 2013-7:1/15 [GB] Ofcom Orders Review of Amount of Alcohol Advertising on Television

On 24 May 2013 Ofcom ordered a review of the amount of alcohol advertising on television, after it emerged that children are increasingly watching reality programmes, such as: Britain’s Got Talent, X-Factor, and I’m A Celebrity, Get Me Out of Here, which can show such advertisements under current rules. The existing guidelines ban adverts from being aired during shows that have a particular appeal to the under 18s. But research carried out for the broadcasting regulator reveals that children saw an average 3.2 alcohol adverts per week in 2011 - an increase of 18% on 2007 when they saw 2.7 per week. The...

IRIS 2013-7:1/14 [GB] Bangladeshi Satellite Broadcaster CHSTV in Breach of Ofcom Impartiality Rules

On 3 June 2013, the free-to-air satellite and cable broadcaster CHSTV, which provides general news and entertainment services aimed at the Bangladeshi community in the UK, was held by Ofcom to be in breach of Rule 5.1 of the Broadcasting Code, which requires due impartiality in broadcast news. The item in question was broadcast on 12 February 2013 and concerned disturbances surrounding the ‘Shahbag’ protests, which were organised by the Bangladeshi opposition party Jamaat, in protest against various actions of the International Criminal Court (ICT) in Bangladesh, particularly the decision to sentence...

IRIS 2013-7:1/13 [GB] Everton TV is not an On Demand Programme Service

On 26 June 2013, Ofcom (UK’s audiovisual regulatory body) decided that the Everton TV section of Everton Football Club’s website was not an on demand programme service (ODPS). Everton had appealed ATVOD’s decision to Ofcom, after ATVOD (UK’s VoD co-regulatory body) had determined on 11 April 2012 that the Everton TV section constituted an ODPS. When determining whether a particular website or section of a website is an ODPS, two core criteria had to be fulfilled pursuant to section 368A of the Communications Act, namely: - The principal purpose is to provide audiovisual material. - Whether the...