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On 13 March 2001, the Council of Ministers adopted drafts for two new broadcasting laws: an amendment to the Rundfunkgesetz (Broadcasting Act), which forms the legal basis of the ORF (Austrian public service broadcasting corporation), and a new Privatfernsehgesetz (Commercial Television Act). Under the draft amendment to the Rundfunkgesetz, the ORF is to be converted into a public law foundation. The purpose of the foundation will be to provide public-service broadcasting. It will not be (privately) owned, but will serve the general public. The draft also obliges the ORF to provide technical infrastructure...

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,...

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,...

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...

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...