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IRIS 2008-7:1/24 [HU] Application of Article 2a of the TVWF Directive

The European Commission has closed its procedure in accordance with Article 2a of the TVWF Directive involving the Romanian and the Hungarian media authorities and a television broadcaster called Cool Tv. Cool Tv is a television channel operating under Romanian jurisdiction but broadcasting in the Hungarian language for primarily Hungarian audiences. In recent years the Országos Rádió és Televízió Testület (Hungarian National Radio and Television Commission - ORTT) has received several complaints from viewers regarding one particular programme of the broadcaster entitled “Cool Sex”. The programme,...

IRIS 2008-7:1/23 [HU] Court Decision on the Qualification of a Hungarian Satellite Broadcaster as “National”

In April 2007 the Országos Rádió és Televízió Testület (National Radio and Television Commission - ORTT) made a series of decisions establishing that several satellite television broadcasters shall be qualified as broadcasters with a national area of reception. Previously these broadcasters were considered as “regional” broadcasters given their encoded mode of transmission and taking into account their actual presence on the Hungarian cable networks. As a result the broadcasters affected by the decisions faced a set of new obligations. These included additional limitations on ownership, an increased...

IRIS 2008-6:1/17 [HU] Procedure of Establishing Broadcasting Fees for Cable and Satellite Broadcasters Found Unconstitutional

In a judgement of 8 April 2008, the Hungarian Constitutional Court evaluated the procedure for defining broadcasting fees by the Országos Rádió és Televízió Testület (National Radio and Television Commission - ORTT) and established that the lack of detailed criteria in this regard as defined by law is not compatible with the Constitution. On the basis of the regulation provided by Act I. of 1996 on Radio and Television Broadcasting (Broadcasting Act), broadcasters under the jurisdiction of Hungary are obliged to pay an annual broadcasting fee. The broadcasting fee is the income of the Broadcasting...

IRIS 2008-5:1/20 [HU] National Communications Authority Announces Tender for Digital Broadcasting

On 25 March 2008, the National Communications Authority of Hungary (NCAH) announced an international tender for the operation rights of five terrestrial digital television broadcasting networks and a digital radio broadcasting network in the VHF range. According to the NCAH plans, the results of the bids shall be announced in the summer of 2008. In order to make digital switchover possible, invitations to bids for national terrestrial digital television broadcasting (DVB-T) and terrestrial digital radio broadcasting (T-DAB) have been announced by the NCAH with the approval of the designated ad...

IRIS 2008-4:1/25 [HU] Copyright Aspects of Network-based PVR

In January 2008, the Szerzői Jogi Szakértő Testület (Board of Experts on Copyright) delivered an opinion clarifying the qualification of the network-based personal video recorder service from the perspective of copyright. The Board of Experts on Copyright is a professional body established by Act LXXVI of 1999 on Copyright (Copyright Act). Its role is to provide advice for courts, authorities and other interested parties on questions concerning copyright. Personal video recorder solutions are provided by some service providers who offer digital television programme distribution. It is recognised...