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On 13 August 2013 the Cultural Test (Television Programmes) Regulations 2013 came into force. The Regulations introduce points-based “cultural tests” for three genres of television programmes: dramas, documentaries and animation. The purpose is to determine whether a programme may be certified as a “British programme” by the Secretary of State under Part 15A of the Corporation Tax Act 2009 (as inserted by the Finance Act 2013). Certification as a British programme is a condition of eligibility for television tax relief under that Act. If so, a maximum tax credit will be available to the UK production...

On 25 April 2013, Section (clause) 77 of the Enterprise and Regulatory Reform Act 2013 was given Royal Assent (came into effect) .It introduces a new section 116A to the Copyright, Designs and Patents Act 1988 which provides a framework from which further regulatory provisions will derive in order to regulate the status and exploitation of orphan works. An orphan work is where the author or creator of the copyright cannot be identified, found, or it remains uncertain whether the material remains within copyright. The key provisions arising from Section 116A are as follows: - a work will not be...

On 5 July 2013, Ofcom (the Office of Communications) fined a British TV channel more than GBP 100,000 after it aired a lecture by an Islamic scholar who said Muslims had a ‘duty to kill’ anyone who insulted the Prophet Mohammed. The Manchester-based DM Digital channel was found to be in breach of Rule 3.1 of the Broadcasting Code which says that “material likely to encourage or incite crime or lead to disorder must not be included in TV or radio services”. DM Digital broadcast the programme "Rehmatul Lil Alameen" on 9 October 2011. It featured a live lecture in Urdu by an Islamic Pir (a religious...

A series of decisions released by Ofcom (Office for Communications) on 23 July 2013 has changed the way local programming, particularly news, will be provided by ‘Channel 3’ independent/commercial broadcast licensees across the United Kingdom. The decisions follow the announcement by the Secretary of State for Culture Sport and Media, Maria Miller, not to block the applications for renewal of the local television licences of the current holders; effectively giving ten-year extensions. In response to a consultation with the licensees concerning a number of issues related to the provision of local...

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...