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IRIS 2012-7:1/29 [IT] ECJ to Vet the Italian stricter hourly Advertising Limits for Pay-TV

On 7 March 2012 the Second Chamber of the Regional Administrative Court of Latium referred to the European Court of Justice (ECJ) for a preliminary ruling on the question as to whether Directive 2010/13/EU (the AVMS Directive) and EU primary law should be interpreted as precluding the asymmetric hourly advertising limits for pay-tv operators provided by Italian law. The so-called Romani Decree, adopted by the Italian Government to implement the AVMS Directive (see IRIS 2010-4/31), includes a number of provisions having no exact match in the AVMS Directive. In particular, Article 38, para. 5, of...

IRIS 2012-7:1/23 [FR] Results of Application of the Act of 5 March 2009 Reforming the Public-Sector Audiovisual Scene

Three years after the adoption of the Act of 5 March 2009 on audiovisual communication, and with France’s new Government announcing reform of the public-sector audiovisual scene, it is worth noting the publication of a report by Senators David Assouline and Jacques Legendre on behalf of the commission for supervising application of legislation. On the basis of the preparatory work for the Act, and after hours of debate and hearings, the rapporteurs have highlighted the objectives set out in the 2009 Act and compared them with the results actually achieved. There are comments on nearly all the measures...

IRIS 2012-7:1/20 [FI] Act concerning the Funding of Public Service Broadcasting

On 20 June 2012, the Act amending Act on Yleisradio Oy and Act on the State Television and Radio Fund was adopted by the Finnish Parliament. Yleisradio Oy (YLE) is Finland's national public service broadcasting company. YLE operates four national television channels and six radio channels and services complemented by 25 regional radio programmes. YLE is 99.9 % state-owned and is supervised by a Supervisory Board appointed by the Parliament. It operates under the Act on Yleisradio Oy. Until the end of 2012, its activities are financed by the television license revenue. The annual television license...

IRIS 2012-7:1/11 [DE] Advertising Income may be Confiscated by Media Watchdog under Land Media Act

On 23 May 2012, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG), in a judgment that has not yet been published in full, ruled that the Bundesländer may, in their media legislation, empower the Landesmedienanstalten (Land media authorities - LMA) to confiscate advertising income received by private TV broadcasters in connection with programmes judged to be illegal. The case concerned clips shown in the “Bimmel-Bingo” section of the programme “TV total” broadcast by the TV company ProSieben, in which a camera crew had rung the doorbells of single-family houses unannounced at...

IRIS 2012-7:1/9 [AT] BKS Clears ORF of Breaching Sponsorship Ban in Stock Market Programme

On 23 May 2012, the Bundeskommunikationssenat (Federal Communications Board - BKS) ruled that Österreichischer Rundfunk (Austrian public service broadcaster - ORF) had not infringed the ban on sponsorship of news programmes and political information broadcasts enshrined in Article 17(4) of the ORF-Gesetz (ORF Act - ORF-G) by broadcasting its weekly “Schauplatz Börse” programme. A complaint had been lodged, arguing that the programme “Schauplatz Börse” was a topical news programme for the stock market and financial sector, which should not be sponsored. The topical nature of the programme was clear...