Search results : 305

On 12 June 2012, Advocate-General Bot delivered his opinion to the Court of Justice of the European Union (ECJ) in case C-283/11. The case concerned a reference for a preliminary ruling from the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) concerning the compensation rule applicable when exercising the right to short reporting in the sense of Article 15(6) of the Audiovisual Media Services Directive 2010/13/EU (AVMSD). The Directive states that any compensation may not exceed the additional costs directly incurred in providing access to short extracts. In a legal dispute...

With around 70% of screens digitised, Austria already appears to be leading the way as far as the digital rollout is concerned, apparently thanks to the 3D boom on the one hand, and the dominant position of an integrator (provider of digital cinema services including VPF contracts, e.g. XDC, Arts Alliance) in the Austrian market. In parallel with the ministry’s efforts to promote the digitisation of repertory and regional cinemas, reported in IRIS 2012-1/8, film distributors in the Fachverband der Film- und Musikindustrie (Film and Music Austria) have been discussing the details of their own involvement...

On 29 March 2012, the Austrian Bundesrat (upper house of parliament) ratified the Council of Europe Convention on Cybercrime with the aim of making criminal prosecution in the field of cybercrime more efficient. The Convention on Cybercrime was adopted by the Committee of Ministers of the Council of Europe on 8 November 2001 and signed by Austria and some other states on 23 November 2001 (see IRIS 2001-10/3). It entered into force on 1 July 2004 and is now in force in 33 contracting states. The Convention essentially harmonises the criminal substantive law elements of offences that must be incorporated...

On 25 January 2012, the Austrian Verwaltungsgerichtshof (Administrative Court - VwGH) rejected a broadcaster’s appeal against a decision of the Bundeskommunikationssenat (Federal Communication Office - BKS) and ruled, inter alia, that an information channel that broadcasts only a sequence of still images that changes approximately every two months (mainly job advertisements and other advertising) is obliged to record its broadcasts under the terms of the Privatfernsehgesetz (Private Television Act - PrTV-G). In a ruling of 9 March 2009, the BKS had stated that the company concerned should be treated...

In a ruling of 27 February 2012, the Austrian Bundeskommunikationssenat (Federal Communications Office - BKS) decided that the Austrian public service broadcaster Österreichischer Rundfunk (ORF) had not breached the objectivity requirement set out in Articles 4(5) and 10(5) of the ORF-Gesetz (ORF Act) in a report about a gambling addict. After the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) had reached the same decision in a previous procedure, the plaintiff had appealed to the BKS, arguing that the disputed report, describing an individual’s experiences, had...