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IRIS 2000-9:1/9 [AT] Broadcasting Laws Amended

An important amendment has been made to both the Kabel- und Satelliten-Rundfunkgesetz (Cable and Satellite Broadcasting Act), which governs private broadcasters, and the Rundfunkgesetz (Broadcasting Act), which covers the Österreichischer Rundfunk (Austrian public service broadcaster - ORF). Provisions concerning events of major importance for society have been added to both Acts, bringing them fully into line with the revised EC "Television Without Frontiers" Directive. Most changes necessitated by the Directive had already been introduced in 1999. The Cable and Satellite Broadcasting Act has...

IRIS 2000-9:1/1 European Court of Human Rights: Recent Judgments on the Freedom of Expression

In a judgment of 21 September 2000, the Austrian broadcasting legislation is once more being analysed by the Strasbourg Court (Second Section) from the perspective of Article 10 of the European Convention, this time after a complaint by a private organisation that did not obtain a licence to set up and operate a television transmitter in the Vienna area. In its judgment of 24 November 1993 in the Informationsverein Lentia case, the European Court of Human Rights already decided that the monopoly of the Austrian public broadcasting organisation ORF was in breach of Article 10 of the European Convention...

IRIS 2000-8:1/6 [AT] Legal Basis of Commercial Broadcasting Authority Unconstitutional

After examining, on its own initiative, Article 13 of the Regionalradiogesetz (Regional Radio Act - RRG) (see IRIS 2000-3 : 5), which established the Privatrundfunkbehörde (Commercial Broadcasting Authority, formerly known as the Regional Radio and Cable Broadcasting Authority) as an independent collegiate tribunal with judicial powers, the Verfassungsgerichtshof (Constitutional Court - VfGH) ruled at the end of June 2000, as was widely anticipated, that it was unconstitutional. The examination procedure followed a host of complaints about the way in which regional and local radio licences were...

IRIS 2000-7:1/17 [AT] Supreme Court on the Subject of Web Cameras

A decision on the subject of web cameras was given recently by the Supreme Court (OGH). While, on the surface, this is only a matter of the photograph producer's analogous protection right, in reality it is also a question of the admissibility of hyperlinks. The events surrounding the case took place in a skiing area of Western Austria. At the behest of the high ridge cable railway an Internet provider had bought some digital cameras and installed them around this cable railway's highest station. The cameras produced images that were transmitted into the valley and onto a computer belonging to...

IRIS 2000-6:1/9 [AT] Advertising Tax, Uniform throughout the Federation, Introduced

The Advertising Tax Law, which has been in force for a short time, is replacing the publicity tax existing hitherto (varying from province to province) and (see IRIS 1999-5: 5) the announcement tax existing hitherto (varying from one local authority to another!) with an advertising tax that is uniform throughout the Federation. The advertising tax is based, on the one hand, on advertisements inserted and distributed in printed publications, and included in radio broadcasting and, on the other hand, outdoor advertising, insofar as these advertising services are provided within Austria and for remuneration....