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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...

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...

The Supreme Court (Revisional Jurisdiction) decided on 5 November 2008 that “The Radio Television Authority (CRTA) is obliged to request the views of the Radio Television Advisory Committee before issuing its verdict only where such an action is imposed by the Law and not in all cases or on all issues ”. The requirement to seek advice was not deemed compulsory in the case examined (Case Dias Publishing House LTD v. Radio Television Authority, Appeal no. 54/2006) and the appeal was dismissed by the five-member, with one justice dissenting. The case was brought to the Supreme Court by the Dias Publishing...

On 6 October 2008 the Consumer Protection Commission banned the broadcasting of an advertisement, aired by TV operators in Bulgaria. The advertisement states that the only way to get high quality digital signal is to subscribe to the services offered by Bulsatkom (a Bulgarian HD operator). In the opinion of the Bulgarian Consumer Protection Commission such a statement contradicts Article 38, para 2, item 1, sentence 1 of the Law on Consumer Protection since high quality signal is also available through DVD.

The draft of a new Flemish Media Decree introduces, for the first time, a regulation on product placement. As the law currently stands, product placement is submitted to the common advertising regulation of the Omroepdecreet (Flemish Decree on Radio-broadcasting and Television). The relevant provision is article 105, which prohibits advertising in audiovisual programmes, unless unavoidable. Advertisements belonging to “the ordinary living environment or ordinary streetscape”, presented unintentionally and without any emphasis, are to be considered as being unavoidable (§1). The same holds true...