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The Office of Communications (Ofcom) is required by the Communications Act 2003 to promote the development of effective forms of co- and self- regulation (for the Act see IRIS 2003-8: 10). After consultation, Ofcom has now published its approach and the criteria that will be used for promoting co- and self- regulation. The criteria in fact mainly cover co-regulation rather than self-regulation where it is noted that there is an absence of regulatory oversight; examples given of co-regulation are the regulation of telecommunications premium-rate services, arrangements for dispute resolution and...

The Parliament of the Czech Republic passed an amendment to the Broadcasting Act aimed at the transposition of European Community law. The amendment clarifies some terms of the broadcasting law in compliance with the "Television Without Frontiers" Directive. The amendment contains specific criteria to identify the jurisdiction over broadcasting as provided in the Directive. A chain of criteria is set out to determine whether a television broadcasting organization is to be regarded as being established in the Czech Republic. The objective of these cascading criteria is to ensure that the subject...

Since 8 April 2004, political communication on local radio and television has been regulated by a co-regulatory code. The Political Communication Act no. 28/2000 (see IRIS 2000-3: 9) was amended in November 2003 by Act no. 313/2003 in order to entitle local broadcasters' associations to adopt a code on political communication. The Code has been revised according to the opinion of the Communications Authority (AGCOM) and adopted by a ministerial decree. The concept is the same as the main Act, but softer in its application. Any political body (" soggetto politico ") must be granted equal access...

In October 2003, the Office of Communications (OFCOM) initiated a consultation regarding "contracting out its broadcast advertising regulatory functions to a self-regulator in a co-regulatory partnership..." The proposal was that a new body ­ under the "banner" of the existing Advertising Standards Authority ­ be established to draw up, review and enforce an advertising content code for broadcast television and radio. The code-setting body would be the Broadcasting Committee of Advertising Practice and the enforcement body would be the Advertising Standards Authority (Broadcasting). OFCOM would...

In a ruling of 24 June 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) confirmed that a so-called television advertising blocker was admissible under competition law (see IRIS 1999-10: 7). The dispute between a private TV broadcaster funded through commercial advertising and the defendant concerned a device produced and sold by the latter, which could be connected to a TV or video recorder. This device automatically switches to a channel without advertisements whenever there is a commercial break on the selected channel. At the end of the advertisements, the device switches back to the...