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IRIS 2011-4:1/30 [PT] Parliament Approves New Television Law

On 4 February 2011, the Portuguese Parliament approved a new television law. The Socialist Party (PS) voted in favour of the new law, while both the Social Democratic Party (PSD) and the right wing Christian Democrats CDS-PPs abstained. The decree, called Decreto nº 76/XI, derives from the Proposta de Lei n.º 29/XI/1. ª (Bill no. 29/XI), which was previously approved by the Parliamentary Commission on Ethics, Society and Culture (13ª Comissão de Ética, Sociedade e Cultura). The new Television Law transposes the EU’s Audiovisual Media Services Directive (Directive no. 2007/65/CE - AVMSD) and makes...

IRIS 2011-4:1/29 [LU] Amendment of Several Regulations Concerning Electronic Media

As a consequence of the changes made to the Electronic Media Law on 17 December 2010 in Luxembourg (see IRIS 2011-2/31), several executing regulations were amended on the same day (see IRIS 2011-4/28). The modifications to the regulations are predominantly editorial as a result of the adaptation of the wording of the Luxembourg Electronic Media Law to the EU Audiovisual Media Services (AVMS) Directive. The following two regulations refer to the licensing procedure for programmes disseminated by cable or satellite respectively and their wordings are modified by replacing the term “programme” with...

IRIS 2011-4:1/28 [LU] Amendment of Regulations on European Works and Advertising in Audiovisual Media

On 17 of December 2010 a package of legislation specific to the media was enacted in Luxembourg. In addition to the modifications made to the Law on Electronic Media (see IRIS 2011-2/31) which transposes the EU Audiovisual Media Services (AVMS) Directive, several regulations have been amended in parallel (see IRIS 2011-4/29). The amendments principally aim at bringing the executing regulations into line with the new version of the Electronic Media Law of 2010 (see IRIS 2011-2/31). The two regulations on the promotion of European works and on commercial communication have, however, been changed...

IRIS 2011-4:1/16 [DE] BGH Asks ECJ for Preliminary Ruling on Food Health Claims

According to a decision of 13 January 2011 (case no. I ZR 22/09), the Bundesgerichtshof (Federal Supreme Court - BGH) will, in a request for a preliminary ruling, submit a number of questions to the Court of Justice of the European Union (ECJ) concerning the interpretation of the concept of “health claim” in the sense of Article 2(2)(5) of Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (“Health Claims Regulation”). The decision follows a case concerning advertising for a herbal liqueur containing 27% alcohol with the words "wohltuend und bekömmlich” (beneficial and agreeable)....

IRIS 2011-3:1/29 [RO] The Electoral Code Draft and the Audiovisual Rules

The Autoritatea Electorală Permanentă (Permanent Electoral Authority - AEP) finalised the draft of an Electoral Code, which includes provision for all types of elections and referenda taking place in Romania. The AEP announced on 25 January 2011 that the Draft has been presented to political parties and experts and submitted for public consultation (see IRIS 2005-1/34, IRIS 2008-10/27, IRIS 2009-6/28, and IRIS 2009-10/24). The AEP intends to harmonise the Romanian electoral legislation and set up a general framework for all types of elections, in order to ensure greater coherence and stability...