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An amendment to Act No. 308/2000 Coll. on Broadcasting and Retransmission and to Act No. 195/2000 Coll. on Telecommunications from 14 September 2000 (“Amendment”) was proposed by the Ministry of Culture on 29 May 2009. The Amendment was required following Slovakia’s commitment to implementing Directive 2007/65/EC (AVMSD). Slovakia as a Member State shall bring into line laws, regulations and administrative provisions necessary to comply with the AVMSD by 19 December 2009 at the latest. The amended Act No. 308/2000 Coll. shall also apply to Internet broadcasting and providing on-demand audiovisual...

On 2 September 2009 Országos Rádió és Televízió Testület (the National Radio and Television Commission, ORTT) decided to qualify TV programmes consisting of games (for prizes) where viewers can take part via telephone as teleshopping. The basis of the decision was judgment C-195/06 of the European Court of Justice. In this judgment (see IRIS 2008-1: 4) the Court inter alia expressed that “a broadcast or part of a broadcast during which a TV broadcaster offers viewers the opportunity to participate in a prize game by means of immediately dialling a premium rate telephone number, and thus in return...

British Sky Broadcasting Ltd t/a Sky broadcast two advertisements advertising its High Definition service. To persuade people to sign up for it, the ads promoted as part of the service sports coverage generally and, in particular, the British and Irish Lions' summer tour of South Africa and the Ashes series of cricket matches between England and Australia, for which BskyB had bought the rights. A number of viewers (seven) objected. Their point was that the ads were “misleading” because, having registered for the HD service, they were then informed that there was a twelve-week waiting period before...

On 24 February 2009, the Oberste Gerichtshof (Supreme Court - OGH) ruled that non-commercial advertising broadcast in return for payment is subject to the limits on advertising time laid down in broadcasting legislation. The plaintiff in this case was a private broadcasting company, while the defendant was Österreichische Rundfunk (Austrian public service broadcaster - ORF). The parties disputed whether ORF had exceeded the limit of six minutes of advertising on a particular day on a regional radio station. The courts ruled that this was the case if an appeal for donations to support the training...

The European Commission has opened an investigation into the long term State aid mechanisms proposed by the French authorities for the funding of France Télévisions, the largest French broadcasting group. France initially gave notice to the Commission of its intention to pay a subsidy for that year in January 2009, while in May the French authorities signalled their plan to introduce the multi-annual funding mechanism. The mechanism consists of funding from the public service broadcasting contribution and an annual subsidy, and forms part of the far-reaching reforms of the public service broadcasting...