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On 22 July 2009 the European Commission submitted a request to the Court of Justice to declare Spain to be in violation of the Television without Frontiers Directive (Directive 89/552/EEC). The Commission argued that the Kingdom of Spain has failed to fulfill its obligation under Article 3(2) of the TWF Directive to ensure within the framework of its legislation that television broadcasters under their jurisdiction comply with the provisions of the Directive. The Commission referred in particular to the incorrect and overly narrow interpretation by the Spanish authorities of the concept of ‘advertising...

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed severe sanctions on two commercial Romanian television stations for breaches of Art. 139 of the Codul Audiovizualului - Decizia nr. 220/2011 privind Codul de reglementare a conţinutului audiovizual, cu modificările şi completările ulterioare (Audiovisual Code - Decision no. 220/2011 concerning the regulation of audiovisual content, with further modifications and completions), and Art. 1 of Decizia nr. 210/2010 privind principii şi reguli de desfăşurare a campaniei electorale pentru alegerile parţiale...

The Dutch Commissariaat voor de Media (Media Authority - CvdM) recently published a Regulation containing policy rules defining “commercial media on-demand services”, or video on-demand services, under the Dutch Media Act. Under the regulation, such video services must be registered as of 1 November 2011. The policy provides an elaboration of the criteria that determine whether a commercial media on-demand service is covered by the Dutch Media Act. The Act regulates matters such as the separation of commercial and editorial content, the protection of minors, advertising, product placement and sponsoring....

Pursuant to Article 43 of the Italian Audiovisual and Radio Media Services Code (Legislative Decree no. 177/2005, as amended in 2010 when the AVMS Directive was implemented into Italian legislation, see IRIS 2010-2/25 and IRIS 2010-4/31), which, in view of the value of competition and pluralism in the broadcasting sector, prohibits achieving and maintaining dominant positions, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM), periodically conducts a specific analysis in order to estimate the resources included in the so-called “SIC” (Sistema Integrato...

On 22 July 2011, by approving Deliberation no. 427/11/CONS, the Italian Communications Authority (AGCOM) launched a public consultation on the protection of media pluralism in the digital terrestrial broadcasting market. Remedies for the protection of pluralism were first set up by Deliberation no. 136/05/CONS (see IRIS 2005-5/19), and then revised by Deliberation no. 70/11/CONS (see IRIS 2011-8/30), in accordance with a revision clause contained in the first Deliberation. In particular, Deliberation no. 70/11/CONS repealed Article 1, paragraph 1, lett. b) no. 1 of Deliberation no. 136/05/CONS,...