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On 18 December 2009 the National Assembly adopted at its first reading the Law on amendment and supplementation of the Radio and Television Act (Draft Law). The main aim of which is to implement the provisions of Directive 2007/65/EC. The following is a summary of the main changes introduced by the Draft Law. 1. The Draft Law replaces the current regulations on radio and TV activities by a new framework for the provision of audiovisual media and radio services, and also extends the regulation to audiovisual media services on demand. The latter are subject to the notification regime. The providers...

The new Flemish Media Decree of 27 March 2009, which entered into force on 1 September 2009, allows product placement in the programmes and under the conditions stipulated in the Audiovisual Media Services Directive (Articles 98-101). Unlike the Directive, the Flemish Decree stipulates that only in programmes produced or commissioned by the media service provider itself or a company affiliated to it must viewers be clearly informed about product placement (Article 100 §1, 4). With this goal in mind, all Flemish broadcasting organisations have been using the same logo with regard to the appearance...

The tasks of the Medienrat der deutschsprachigen Gemeinschaft (Media Council of the German-speaking Community), which is responsible for regulating the audiovisual media in Belgium’s smallest linguistic community, are laid down inter alia in a decree of 27 June 2005. This decree was last amended on 3 December 2009 and is entitled Dekret über die audiovisuellen Mediendienste und die Kinovorstellungen (Decree on Audiovisual Media Services and Cinema Exhibitions). It governs not only the provision of audiovisual media services and of the transmission networks, services and facilities that fall within...

The Norwegian Broadcasting Act has been amended with a regulation requiring pre-consent for new services which Norsk rikskringkasting AS (the Norwegian public service broadcaster - NRK) wants to launch. The procedure requires an application of what is often called a public value test prior to a decision to add any significant new service to the NRK’s public service remit. The amendment was enacted by Parliament on 19 June 2009 along with several other changes (see below), all with effect from 1 January of this year. The EFTA Surveillance Authority has long expressed its dissatisfaction with how...

At its meeting on 5 November 2009, on the basis of a monitoring report drafted by its own experts concerning compliance with legal advertising time restrictions, the Consiliul Naţional al Audiovizualului (national council for electronic media - CNA) sanctioned three private broadcasters for exceeding the legal advertising limit during the observation period (15-22 October 2009, between 7 p.m. and 11 p.m.). CNA decision no. 927 imposed a fine of RON 20,000 (EUR 1 = RON 4.3) on TV broadcaster ANTENA 1 for non-compliance with the hourly upper limit for advertising. According to Art. 35 para. 1 of...