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IRIS 2004-2:1/14 [DE] Is the Confiscation of Advertising Revenue Unconstitutional?

In an interlocutory judgment of 13 November 2003 the Berlin Verwaltungsgericht (Administrative Court) held, in proceedings concerning the confiscation of advertising revenue derived from impugned television programmes, that section 63, paragraph 3 of the Medienstaatsvertrag Berlin-Brandenburg (the Berlin-Brandenburg Agreement on the Media ­ MstV) was unconstitutional. The subject of the statement of facts on which the decision was based was a television broadcaster's contributions to a programme in which unannounced visitors rang on people's doorbells at night. The occupiers of the house were...

IRIS 2004-1:1/36 Commonwealth of Independent States: Covenant on Advertising Activity

The Covenant on cooperation of Member States of the Commonwealth of Independent States in the regulation of advertising activity was adopted on behalf of Council of the Heads of Governments of the CIS by the Council on Economics of the Commonwealth of Independent States at its session in Moscow on 19 December 2003 and signed by 9 out of the 12 Member States. The Covenant has 19 articles and is a continuation of the policy laid down in the CIS Treaty on concerted antimonopoly policy of 25 January 2000 and the CIS Covenant on major guidelines of activity to protect the rights of consumers, of the...

IRIS 2004-1:1/13 [AT] Cross Promotion Ban Legitimate

According to a decision by the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH), the ban on television advertising of radio stations operated by the public service broadcaster Österreichische Rundfunk (ORF) does not violate the broadcaster's freedom of expression. In the decision contested by the ORF, the relevant supervisory body, the Bundeskommunikationssenat (Federal Communications Office), had found that the broadcaster had infringed Article 13(9) of the Gesetz über den Österreichischen Rundfunk (Austrian Broadcasting Act - ORF-G) by showing an advertisement on its TV channel...

IRIS 2004-1:1/10 European Commission: Communication on the Future of European Regulatory Audiovisual Policy

On 15 December 2003 the European Commission adopted a Communication which sets out a roadmap for future EU regulatory action in the audiovisual sector. The Communication presents the results of the public consultation relating to the review of the "Television without Frontiers" Directive, launched at the beginning of 2003 (see IRIS 2003-2: 5), and on the basis of these results proposes a number of short and medium term initiatives. The Commission has concluded that the current situation of the market does not require at present a revision of the Directive. However, it believes that in the medium...

IRIS 2004-1:1/1 European Platform of Regulatory Authorities: 18th Meeting

Representatives of 43 regulatory authorities from 34 countries attended the 18th meeting of the EPRA, hosted by the Cyprus Radio-Television Authority. The main theme was the implementation of EC legislation in the new EU Member States and candidate countries. The delegates particularly focused on the challenges facing national regulatory authorities regarding the implementation of the aims and principles of EU media policy. Other topics of debate included aspects of advertising law that had been discussed at previous EPRA meetings. Information was provided concerning new advertising techniques...