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IRIS 2008-3:1/6 European Commission: Greek Law Liberalising Broadcasting Services Prompts Commission to Close Infringement Procedure

In September 2007 Greece formally notified the European Commission regarding the new Greek “Law on Media Concentration” prompting the Commission to close an ongoing infringement procedure. This new law has been described by the Competition Commissioner as the legislative step with which Greece “has finally completed its national regulatory framework for broadcasting transmission services”. After it was referred to the European Court of Justice for failure to implement Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services,...

IRIS 2008-2:1/1 OSCE: Representative on Freedom of the Media - Report to OSCE Permanent Council

On 15 November 2007, Miklós Haraszti, the OSCE Representative on Freedom of the Media, presented his regular report to the OSCE Permanent Council, the organization’s main decision-making body. This was his third and final report of the year. Mr. Haraszti’s presentation began with a commemoration of Alisher Saipov, “a young journalist whose promising career was cut short by an act of brutality”. Saipov, a correspondent with the internationally acclaimed media outlets Ferghana, Radio Free Europe and Voice of America, and a founder of an Uzbek-language newspaper, was shot and killed in downtown Osh...

IRIS 2008-1:1/20 [GR] Restricted Application of the Law on the Incompatibility between the Ownership of Media Companies and the Conclusion of Public Procurement Contracts

On 9 October 2007, the National Council for Radio and Television (ESR) decided to discontinue the issuing of certificates establishing the incompatibility between the ownership of media enterprises and the conclusion of contracts with public entities. In fact, the competence of ESR is limited to issuing a certificate on the existence of such an incompatibility based upon the exclusive condition that a final condemnatory Court decision related to the offence of active corruption has been notified to the Council by the interested enterprise or by the Authority responsible for the tender. In taking...

IRIS 2008-1:1/19 [GR] Provisions Regarding the Functioning of TV Stations without a License Are Held as Unconstitutional

The necessity of a new tender, which will actually result in the issuing of radio and television licenses is proving even more imperative, after a decision delivered by the State Council (StE) on 2 October 2007. This decision found that two legal provisions were unconstitutional, provisions that permitted all regional television stations that had participated in the tender of the year 1998 to function even beyond a “reasonable” period of time after this tender was published, which resulted in de facto broadcasting activities without a clear official framework within which to operate in certain...

IRIS 2007-9:1/1 European Court of Human Rights: Case of Lionarakis v. Greece

In 1999 Nikitas Lionarakis, the presenter and coordinator of a radio programme broadcast live by the Hellenic Broadcasting Corporation ERT, invited the journalist E.V. to debate various aspects of Greek foreign policy. During the broadcast, E.V. raised the subject of “the Öcalan case”. He referred to the fact that Öcalan, the ex-leader of the PKK who was prosecuted by the Turkish authorities for terrorism, had been helped by certain persons in Greece to illegally enter the country and to escape to Kenya. E.V. referred to F.K., a lawyer who had stood as a candidate in past...