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As is now public knowledge, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) wrote to the Court of Justice of the European Union (ECJ) on 6 July 2011, withdrawing its reference for a preliminary ruling on the interpretation of the Television Without Frontiers Directive (89/552/EEC) after the Publikumsrat (Viewers’ Council) of Österreichischer Rundfunk (Austrian public service broadcaster - ORF) had, in turn, withdrawn the complaint it had filed with the BKS against ORF. The original case before the BKS concerned the depiction of a couple dancing from the left to the centre...

Less than two weeks after the rejection of the proposed Media Act (Zakon o medijih - ZMed - 1; see IRIS 2011-2/38 and 2010-10/39) by the Parliament during the first reading on 15 July 2011, the Ministry of Culture prepared a draft Act on Audiovisual Media Services (Zakon o avdiovizualnih medijskih storitvah - ZAMS), aimed at the transposition of the Audiovisual Media Services Directive into Slovenian legislation. The preparation of ZAMS was urgent due to the pending infringement procedure started this year by the European Commission, as Slovenia has failed to notify any measures for the implementation...

In exercise of the powers conferred by Article 40(3) of the Broadcasting Act, the Prime Minister, after consultation with the Broadcasting Authority, has issued the General Interest Objectives (Television Services) (Selection Criteria) Regulations, 2011, Legal Notice 240 of 2011. These regulations came into force on 21 June 2011 and set out the criteria to be adopted by the Broadcasting Authority in the selection of television services that fulfil a general interest objective. Two categories of general interest objective television services are dealt with: generalist and niche. In so far as generalist...

On 20 January 2011 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted deliberation no. 19/11/CSP setting up a standing monitoring Observatory on product placement. On account of the complexity of the subject, the Observatory is aimed at dealing with the practical enforcement of the primary rules adopted in 2010 in implementation into Italian legislation of Article 11 of the AVMS Directive 2010/13/EU (see IRIS 2008-1/3). Article 15 of legislative decree no. 44/2010 (see IRIS 2010-2/25) which introduced a new Article 40-bis into the Italian Broadcasting...

In its Decision of 16 February 2011, No 70/11/CONS, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) surveyed the measures to protect pluralism set out in Decision 136/05/CONS and repealed the obligation imposed on RTI to rely upon an advertising agency other than Publitalia for the sale of advertising for its digital terrestrial transmissions. According to Agcom, RTI has fulfilled that obligation by establishing Digitalia and entrusting to that company the sale of advertising for pay-TV programmes broadcast on digital terrestrial networks. The sale of...