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On 20 January 2005, the Munich Obe rlandesgericht (Court of Appeal - OLG) dismissed a complaint by a management consultancy company against a journalist. The plaintiff had made a claim for an injunction, information and damages because the defendant, while investigating an allegation of surreptitious advertising in an ARD evening series, had used business documents belonging to the plaintiff and a secretly filmed video. The video shows a female employee of the plaintiff in a sales meeting with syndicate representatives, offering to place certain themes or products in the series in return for payment....

KommAustria, the regulatory authority for Austrian private broadcasters, issued an invitation to tender for the creation and operation of a terrestrial multiplex platform in May 2005. This followed extensive consultations, during which a digitisation plan was published in December 2003 (see IRIS 2004-3: 5). The plan comprises four stages, by the end of which all TV signals will be broadcast digitally. Following comprehensive testing of DVB-T (see IRIS 2003-8: 7), stage 1 of the digitisation plan will be completed when a licence is issued for the operation of the multiplex platform. Applicants will...

The Verfassungsgerichtshof (Constitutional Court) has thrown out two complaints against a decision of the Bundeskommunikationssenat (Federal Communications Office) concerning short reporting of football matches. The Pay-TV broadcaster Premiere had acquired the exclusive right to broadcast the T-Mobile-Bundesliga and the Stiegl Cup in 2004. The Austrian private TV company ATV+ had then purchased the secondary exploitation rights. Österreichische Rundfunk (the Austrian public service broadcaster - ORF) had obtained from the Bundeskommunikationssenat the right to broadcast short 90-second reports...

Österreichische Rundfunk (the Austrian public service broadcaster - ORF) currently broadcasts the programme “Quiz Express” four times a week during its night-time schedule. Viewers can call a premium rate number to win money and other prizes if they get through to take part in the programme and correctly answer general knowledge questions. Callers are chosen at random to take part in the programme. Those who are not chosen still have to pay the cost of the phone call. In March 2005, the Publikumsrat, the ORF body that is meant to protect the interests of viewers and listeners, submitted a recommendation...

The legal basis for the funding of the broadcasting regulator KommAustria and its partner RTR-GmbH was rescinded by the Constitutional Court at the end of 2004 (see IRIS 2005-2:6). As a result, the legislature decided in April 2005 to introduce a new funding system by amending the KommAustria-Gesetz (KommAustria Act). Each year, the Federal Government will now contribute EUR 2,000,000 to the regulator's telecommunications operations and EUR 750,000 to its broadcasting-related activities. The latter sum will be financed through income from the licence fee, an existing tax on the use of radio and...