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IRIS 2004-5:1/20 [NL] Self-Promotion Qualifies as Advertising

The Dutch television programme " Breekijzer " was fined by the Commissariat voor de Media (the Dutch Media Authority - CvdM) for self-promotion. The broadcaster of the programme, SBS6, appealed, but the Court rejected the appeal on the merits of the case. In the final appeal, the ABRvS (the Dutch Supreme Court for Administrative Law) upheld the verdict of the CvdM. According to Article 52j of the Mediabesluit (Dutch Media Regulation), commercial broadcasters may not show names, pictorial marks, services and activities, etc., of persons, companies or institutions in television programmes, when...

IRIS 2004-5:1/13 [FR] The Right to Sports News in Multicasting

In 1992, in accordance with the terms of a code of good conduct drawn up by the CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) provisions were integrated into the Act of 16 July 1984 with a view to better reconciling the public's right to information and the television channels' exclusive holding of rights to broadcast sport events. Thus Article 18-2 of the amended Act provides that the vendor or acquirer of the right to exploit a sports event may not oppose the broadcasting by other audiovisual communication services of brief extracts taken free of charge from the images...

IRIS 2004-5:1/12 [FR] Parasitic Use of a Cinematographic Film in an Advertisement

Is the film The Fifth Element a victim of its own success? Apparently, as illustrated by a recent ruling by the Regional Court in Paris in a case the producer and director of a film brought against the cell phone company SFR and the advertising agency Publicis on the grounds of infringement of copyright and parasitic use. Luc Besson and the company Gaumont claimed that, in a major advertising campaign for a new service offered by the phone operator, the defendants had presented the actress who starred in the film, Mila Jovovich, in the appearance and costume of the main character in the film, placing...

IRIS 2004-5:1/7 [AT] Draft Amendment to Broadcasting Acts Tabled

On 20 April 2004, the media department of the Bundeskanzleramt (Federal Chancellery) tabled a comprehensive Bill amending three Broadcasting Acts. If passed, this would represent the biggest shake-up since the legal framework was reorganised in 2001. For the first time, national private radio will be permitted. In recent years, in order to make radio broadcasting more profitable, shareholding restrictions have been relaxed and channel takeovers facilitated; now, it will be possible to exploit additional synergies by combining licences. This will only apply to existing licences. Private radio stations...

IRIS 2004-4:1/33 [SK] New Rules for Slovak Public Service Radio and Television in Force

Amendments to the legislation on Slovak Television and Slovak Radio, which had been expected since 1999, were passed by Parliament in December 2003 and came into force on 1 January 2004 (Act on Slovak Radio) and on 1 February 2004 (Act on Slovak Television) respectively. The zákon o Slovenskom rozhlase (Act on Slovak Radio) and the zákon o Slovenskej televízii (Act on Slovak Television) replace the rules of 1991, the Act on Slovak Television No. 254/1991 Zb and Act on Slovak Radio No. 255/1991 Zb, which previously were the legal tools dealing with the transition from state media to public service...