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IRIS 2011-6:1/21 [GR] Council of State Ruling Threatens to Invalidate Countless ESR Decisions

The risk that a significant number of decisions of the Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) may be cancelled is now visible in the wake of Decision 1098/2011 of the Συμβούλιο της Επικρατείας (Council of State - Supreme Administrative Court of Greece). The Court, on the basis of a constitutional provision (Article 101a) that states that the term of office of members of independent agencies must be fixed, held that statutory provisions extending such term beyond a reasonable period of time are unconstitutional. It consequently annulled an ESR decision...

IRIS 2011-5:1/5 European Commission: The Commission Finishes the Preliminary Analysis of AVMS Implementation Measures

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...

IRIS 2011-2:1/29 [GR] New Greek Legislation on the Cinema

On 23 December 2010 the Greek Parliament approved new legislation on support for cinematographic art and its development. The new Act starts by laying down the principles of national policy on the cinema sector and goes on to define the conditions for designating a work a “Hellenic cinematographic work” in order to be able to take advantage of the measures for financial support. Each year, producers of Hellenic full-length cinema works receive part of the special tax levied on cinema theatre tickets, usually between 8 and 12%. The amount allocated to each producer depends on the number of tickets...

IRIS 2011-2:1/13 [CY] Harmonisation with European Union AVMS Directive

Cyprus amended its Law on Radio and Television Stations (L. 7(I)/1998) and the Cyprus Broadcasting Corporation Law (Ch. 300A) and harmonised the Republic's legislation with the European Directive 2010/13/EU on Audiovisual Media Services - codified version. The amending laws were published in the Official Gazette on 10 December 2010. Extensive amendments to various sections of the Law on Radio and Television Stations aimed at updating it in order to cover the broadcasting and audiovisual landscape, regulating not only the broadcasting sector but also Video-on-Demand (VOD) services. The terminology...

IRIS 2011-1:1/36 [GR] Transpostion of the AMSD Directive

Through the recent adoption of Presidential Decree 109/05.11.2010, Directive 2007/65/EC (currently the codifying Directive 2010/13/EC) was incorporated into the Greek legal order. The provisions of the Decree generally follow the flexible EU framework concerning both television broadcasts and on-demand services. However, the Greek legislator has established stricter rules on several issues relating to the protection of viewers, especially minors. First of all, a general rule applicable to all media, linear or not, is established, dictating respect for the personality, in the broader sense, of the...