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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”....

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....

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...