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IRIS 1998-1:1/6 [IT] Decision of the Court of Cassation on the Application of the “Television without Frontiers” Directive to Teleshopping Channels

On 15 April 1997, the Court of Cassation decided on the application of the "Television without Frontiers" A national broadcaster, Telemarket, the holder of a national licence to broadcast via terrestrial frequencies, was condemned by the Garante per l'editoria e la radiodiffusione to the payment of a fine. The broadcaster had transmitted fifteen hours of teleshopping programmes on one and the same day, therefore violating Article 18, paragraph 9 of Italian law n° 223 of 1990, enacted to transpose the "Television without Frontiers" Directive into Italian law. The broadcaster took legal action against...

IRIS 1997-8:1/15 [IT] Amendment of the Decree to Intervene Urgently in Favour of the Film Industry

On 29 May 1997, the Italian Official Journal (Gazzetta Ufficiale) published the amended Ministerial Decree to intervene urgently in favour of the film industry, which had been adopted on 24 March 1997. The Decree foresees in the simplification of the administrative procedures that are to be followed for the granting of Italian nationality to national productions and productions of national cultural interest. The new provisions aim at drastically cutting down the time-consuming bureaucratic interferences and to make the procedures designed to determine the nationality of productions, more transparent....

IRIS 1997-8:1/14 [IT] New Law on Pluralism in the Broadcasting Sector

The Bill drafted by the Italian Government concerning Istituzione dell'Autorità per le garanzie nelle comunicazioni e norme sul sistema radiotelevisivo (the establishment of the Authority for the safeguarding of the functioning of the communications system and for the surveillance of standards in the radio and television broadcasting system) was adopted on 31 July 1997. The Authority will regulate and co-ordinate the Italian telecommunications and broadcasting sectors and will also implement the rules that apply or will apply to these sectors. The new law does not only include provisions concerning...

IRIS 1997-5:1/6 [IT] Two Court Decisions Concerning Horizontal Application of the "Television without Frontiers" Directive

With decisions issued respectively on 4 June and 11 October 1996 the Tribunals of Rome and Milan have replied negatively to the request of two different Consumer Associations to impose the broadcasters the respect of the directive. In the first case, the Tribunal of Rome, although considering that the Association had locus standi before the Court, decided that the Directive was not directly applicable in the case at hand, because it had no "horizontal effects' (i.e. it could not be enforced against a private entity if not correctly implemented). In the second case the Tribunal of Milan reached...

IRIS 1997-4:1/37 [IT] Further developments concerning broadcasting rights of football games

Another change in the assignment broadcasting rights of football games in Italy. As the readers of IRIS will remember ( see IRIS 1996-4:13; IRIS 1996-5:14), the rights had been assigned in February 1996 for the first time to the Cecchi Gori Group, which controls two national channels ( Telemontecarlo and Telemontecarlo 2 ) but reaches a very limited audience (about 5%). In the following April the Italian Football League revoked the three years assignment because the winner of the bid did not comply with the conditions set out in the contract, since it did not deposit the guarantee sum required...