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In a decision that puts an end to seven years of proceedings between the Société Suisse de Radiodiffusion et Télévision (SSR) and Métropole Télévision, the Tribunal Fédéral (Swiss Federal Court - TF) has now judged that the Swiss advertising slots operated by Métropole Télévision do not contravene legislation on either copyright or unfair competition. As a result, it will be able to continue broadcasting the M6 television channel using two separate satellite signals, one directed at the French audience, and the other carrying advertising directed specifically at Swiss viewers. SSR contended that...

On 18 January 2010, the Vlaamse Regulator voor de Media (Flemish Regulator for the Media) rendered two decisions concerning SBS Belgium, in which it concluded there had been violations of the new rules on product placement and sponsorship. These are the first decisions in which these topics have been considered under the new Flemish Media Decree, in force only since 1 September 2009. The first decision dealt with two instances of product placement in two distinct episodes of the programme ‘The Block Ghent’. In particular, the requirement that programmes that contain product placement should not...

In March 2010 the OSCE Representative on Freedom of the Media released a guide to all interested parties among its member states on the switch-over process in broadcasting. The report deals with the following topics: infrastructure issues; competition law and policy; programming; public service broadcasting; the planning process; social and economic issues related to the audience; economic and technical issues of the broadcasters; and licensing issues. From a freedom of the media point of view, the technology of digital TV would allow audiences to seek and receive more information and ideas via...

On 19 December 2009 the implementation of Audiovisual Media Services Directive (AVMSD) in the Media Act and the Tobacco Act was made official in the Netherlands. The bill for this implementing act was accepted by the Tweede Kamer, the lower chamber of the Dutch Parliament, on 30 June 2009 and by the Eerste Kamer, the first chamber of the Dutch Parliament, on 8 December 2009. The AVMSD, the successor to the Television without Frontiers Directive, introduced the term ‘audiovisual media service’ as its central concept. The goal of the Directive was to create a modern (technically neutral) and harmonised...

The Electronic Media Law (“Law”) of the Republic of Croatia has adopted the provisions of Directive 2007/65/EC on audiovisual media services, Directive 98/84/EC on the legal protection of services based on, or consisting of conditional access and in part the provisions of Directive 2006/114/EC concerning misleading and comparative advertising. Bearing in mind the need to adopt regulations that will be in line with the development of technology, the principle of media freedom and the need to promote public interests in the performance of the activity of providing audiovisual media services, the...