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IRIS 2009-2:1/11 [CH] Amendment to the MEDIA Agreement with the European Union

On 26 November 2008, the Swiss Federal Council referred to the Parliament the additional message on Switzerland’s participation in the European Union’s MEDIA Programme. The Swiss Confederation and the EU had signed an agreement on 11 October 2007 enabling Switzerland to continue to participate in the MEDIA Programme. In exchange for this agreement, however, the EU had demanded that Switzerland fully incorporate into its national legislation the country of origin principle arising from the Community’s “Audiovisual Media Services” Directive (AVMSD). This requirement would mean that it would no longer...

IRIS 2009-2:1/9 [BE] New Draft Media Decree

On 5 December 2008, the Flemish Government approved a draft of a new Media Decree, which aims to implement the Audiovisual Media Services Directive 2007/65/EC. The draft has been introduced in the Flemish Parliament, which is strongly expected to grant its approval to the final text of the new Decree before the regional elections in June 2009. The draft contains a set of modifications and modernizes the broadcasting law in the Flemish Community. Some of its most striking characteristics are highlighted below. The draft differentiates between “broadcasting activities” and “broadcasting services”....

IRIS 2009-1:1/30 [SE] Complaint Lodged Against Council on Market Ethics for Claiming TV Commercial was Poor Advertising

Marknadsetiska Rådet (The Council on Market Ethics - MER) is a self-regulatory board composed of several Swedish associations and companies. MER, whose statements are not legally binding, rules on good business practice. Recently it delivered a statement regarding a TV commercial that has caused debate within the advertising business. The issue concerns a TV commercial for the OLW Sverige AB company. In the commercial, a one-legged person asks a three-legged person if the latter wants to share. Bringing forward a packet of crisps the three-legged person then responds, “Av det här goda?” (approx....

IRIS 2009-1:1/26 [LV] New Audio and Audiovisual Media Services Law Submitted to the Parliament

The National Broadcasting Council of Latvia (NBCL) has finalised the process of drafting a new Audio and Audiovisual Media Services Law (Draft Law), which is planned to replace the Radio and Television Law currently in force (see IRIS 2008-6: 13). The Draft Law applies to providers of audio and audiovisual media services under the jurisdiction of Latvia who provide their services in public electronic communication networks, notwithstanding the mode of transmission. The Draft Law uses substantially different terminology from the existing Radio and Television Law. The terminology corresponds to...

IRIS 2009-1:1/20 [FR] CSA Opinion on Draft Legislation on the Public-sector Audiovisual Scene

On 7 October 2008, the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) delivered the opinion requested by the Government on draft legislation to modernise the public-sector audiovisual scene currently being discussed in Parliament, which raises a number of issues. The CSA was concerned about the France Télévisions holding company becoming a single company - a move it had not been consulted about in advance - and commented on the importance of the company’s lists of missions and duties guaranteeing respect for the identity of each of the channels, the absence...