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The radio spectrum allocated to mobile communication networks in Austria is being reorganised. This process will also have an impact on terrestrial broadcasting: from 31 October 2013, the “mobile radio communication service” (except the aeronautical mobile service) will be the only primary user of the UHF band frequencies (790-862 MHz, so-called “digital dividend”) freed up as a result of television digitisation. It is already using these frequencies on a co-primary basis, i.e., with the same rights as broadcasting. This is set out in the amended Annex 1 to the amended Frequenzbereichzuweisungsverordnung...

On 22 February 2011, the Austrian Ministerrat (Council of Ministers) agreed on a series of bills designed to implement the Data Retention Directive 2006/24/EC. In addition to the planned amendment of the 2003 Telekommunikationsgesetz (Telecommunications Act -TKG), a first draft of which was tabled by the Verkehrsministerium (Ministry of Transport) in July 2010 (see IRIS 2010-9/11), the proposals now also concern the Strafprozessordnung (Code of Criminal Procedure - StPO) and the Sicherheitspolizeigesetz (Police Act - SPG). The amendments are designed to regulate access to stored data. The draft...

Since 1981, the financial involvement of public service broadcaster ORF in the Austrian film industry has been regulated by the Film/Fernseh-Abkommen (Film/TV Agreement), a private law agreement between ORF and the Österreichisches Filminstitut (Austrian Film Institute), previously known as the Österreichischer Filmfonds (Austrian Film Fund). Under this agreement, which is regularly updated (most recently in 2006), ORF is obliged to support films that are not primarily made for television. The funds are meant to support film production and are distributed by a committee comprising representatives...

In a ruling handed down on 16 December 2010, the Austrian Oberste Gerichtshof (Supreme Court - OGH) dealt in detail with the protection of editorial confidentiality and its importance in relation to the freedom of expression and of the press. The case concerned a report by Österreichische Rundfunk (the Austrian public broadcaster - ORF) about three young members of the extreme right, who had been accompanied by a journalist. On the basis of the report, the Wiener Neustadt public prosecutor’s office investigated the youngsters for reviving national socialism (Art. 3g of the Verbotsgesetz - Prohibition...

On 22 November 2010, the Austrian Bundeskommunikationssenat (Federal Communications Office - BKS) issued a decision on the classification of unlawful product promotion in a television programme in response to a ruling of the Austrian Verwaltungsgerichtshof (Administrative Court - VwGH) of 8 October 2010, overturning an earlier BKS decision (case no. 611.941/0002-BKS/2006) on the grounds that its content was unlawful. The case concerned a report in a programme broadcast by Österreichischer Rundfunk (ORF) about food for overweight dogs, which contained a 6-second panning shot showing various products....