Search results : 305

In a finding dated 5 December 2003 the Verfassungsgerichtshof (Constitutional Court - VfGH) stated that a violation of constitutionally guaranteed rights of the Österreichischer Rundfunk (Austrian public service broadcasting organisation - ORF) could not be declared on the basis of the establishment of failure to meet the objectivity requirement. The background to the proceedings was the recording of a gala event for the conferring of a drama award, which was broadcast by the second ORF television channel (ORF 2) in October 2002. During the event the laudator had vehemently attacked the government...

On 16 December 2003 the European Commission, on the basis of Article 87(3)d of the EC Treaty, authorised until 31 December 2004 the financial aid that Austria wanted to grant to the producers of television works, one of the criteria being that such works had a cultural purpose. The subsidies are intended to improve the quality of television productions and the competitiveness of the Austrian film industry, and to ensure a varied cultural scene. On 01 January 2004, following the European Commission’s authorisation, Austria amended its national legislation instituting an authority in the field of...

On 7 October 2003, the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH) rejected a claim under state liability law for compensation for misplaced investments in the establishment of a private television company. Back in 1996, the plaintiff had wanted to operate private television in Austria as a partner of RTS Radio- und Fernsehproduktions GmbH (RTS). However, it had been denied a licence to manage and broadcast television channels because of the monopoly held at the time by the public service broadcaster Österreichische Rundfunk (ORF). RTS had then established ICS Broadcasting Ltd....

According to a decision by the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH), the ban on television advertising of radio stations operated by the public service broadcaster Österreichische Rundfunk (ORF) does not violate the broadcaster's freedom of expression. In the decision contested by the ORF, the relevant supervisory body, the Bundeskommunikationssenat (Federal Communications Office), had found that the broadcaster had infringed Article 13(9) of the Gesetz über den Österreichischen Rundfunk (Austrian Broadcasting Act - ORF-G) by showing an advertisement on its TV channel...

In a decision of 5 November 2003, the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria), ruled that X-Gate Multimedia Broadcasting GmbH had breached Article 32 paras. 2 and 3 of the Privatfernsehgesetz (Private Television Act - PrTV-G) through its operation of the satellite TV channel TV6. According to Art. 32 para. 2 PrTV-G, steps must be taken, either involving the time of broadcast or other measures, to ensure that minors cannot normally watch television programmes that may harm their physical, psychological or moral development. Under Art. 32 para. 3 PrTV-G, the...