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IRIS 2001-4:1/4 [AT] Commercial Radio Act Supersedes Regional Radio Act

The Privatradiogesetz (Commercial Radio Act) entered into force on 1 April 2001, superseding the Regionalradiogesetz (Regional Radio Act). As a result, the partial monopoly still held by the ORF (Austrian public broadcasting corporation) has been reduced to the extent that national commercial (terrestrial) radio stations can now be legally licensed. The Privatradiogesetz regulates the organisation of radio stations that use analog terrestrial transmission technology. Radio broadcasters require a licence, ie authorisation under broadcasting and telecommunications law (previously divided into two,...

IRIS 2001-3:1/5 [AT] Bill on “KommAustria” Media Authority

The Austrian Government has submitted a draft Federal Act on the Establishment of a National Media Authority, the Austrian Communications Commission (KommAustria). According to Section 1.1 of the Bill, the new authority's basic role would be to assume all regulatory responsibility for the broadcasting and telecommunications fields throughout Austria. At present, these tasks are distributed between the Federal Chancellery and various ministries. The new media authority would, for example, be expected to push for effective competition, reasonably-priced consumer access to communications services,...

IRIS 2001-3:1/4 [AT] Carinthian Governor Labelled a “Dangerous Political Rogue”

On 11 January 2001, the criminal chamber of the Landgericht Wien (Vienna District Court) decided that Germany's second TV channel, ZDF, should be allowed to continue referring to the former President of the FPÖ (Austrian Freedom Party) and current Governor of Carinthia as a "dangerous political rogue". The disputed remark was made by the presenter of a programme broadcast by ZDF on 12 October 1999, which included a report on the Austrian politician. After losing the initial proceedings, ZDF appealed, whereupon the quashed the libel verdict "essentially on grounds of law" and referred the case...

IRIS 2001-1:1/8 [AT] Constitutional Court Revokes Radio Licences; Private Broadcasting Authority Grants Temporary Licences

Having ruled on 29 June 2000 that Article 13 of a previous version of the Regionalradiogesetz (Regional Radio Act), which established the private broadcasting licensing authority (Privatrundfunkbehörde, previously known as the Regionalradio- und Kabelrundfunkbehörde), was unconstitutional (see IRIS 2000-8: 4), in its October session the Constitutional Court revoked the 23 disputed regional and local radio licences. The legislature had taken precautionary measures several months previously and, by an amendment to the Regionalradiogesetz (see IRIS 2000-9: 6), had made it possible for existing licence-holders...

IRIS 2000-9:1/30 [AT] Media Act and Copyright Act Amended

The duty to supply and the obligation to deliver printed matter, set out in the Media Act, have now, after much planning, been extended to other forms of media (except phonograms and moving picture carriers) (see IRIS 1999-7: 13). The corresponding amendment to the Media Act entered into force on 1 September 2000. The Parliament has also abolished the system provided for in the Copyright Act whereby collecting societies are entitled to claim appropriate compensation on behalf of artists whose work is exhibited for profit-making purposes. Consequently, a significant part of the 1996 amendment to...