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IRIS 2003-10:1/2 Court of Justice of the European Communities: New Decision on the Interpretation of the "Television Without Frontiers" Directive

On 23 October, the Court of Justice of the European Communities delivered its judgement in case C-245/01, RTL v. Niedersächsische Landesmedienanstalt für privaten Rundfunk. The dispute concerned the interpretation of Article 11 of the "Television Without Frontiers" Directive (Directive 89/552/EEC of 3 October 1989, as amended by Directive 97/36/EC), which lays down provisions in respect of television advertising, regulating inter alia the frequency of advertising breaks in the transmission of audiovisual works. The questions referred by the Niedersächsisches Oberverwaltungsgericht (Lower Saxony...

IRIS 2003-9:1/18 [HR] Law on Electronic Media Enters into Force

In its session held on 15 July 2003 the Croatian Parliament passed the Law on Electronic Media, which defines the position of legal entities and physical persons that perform the activities of production and publishing of programs and program services through electronic media, and the terms for performing such activities. Before this Law was passed several other laws already regulated the field of electronic media ­ the special law defines the work and activities of Croatian Radio-television, while provisions of the Law on Telecommunications and Law on Public Announcements define the activities...

IRIS 2003-9:1/7 European Parliament: Resolution on the Television Without Frontiers Directive

On 4 September 2003, the European Parliament adopted a Resolution on the "Television without Frontiers" Directive (Directive 89/552/EEC as amended by Directive 97/36/EC), following the Commission's Fourth Report on the application of the Directive (see IRIS 2003-2: 5), in which the current process of review of the Directive was launched. In the Resolution, the European Parliament restates its belief that a complete review of the Directive is needed in order to take account of technological developments and changes in the structure of the audio-visual market (although the current approach of the...

IRIS 2003-9:1/3 European Court of Human Rights: Case of Murphy v. Ireland

In a judgment of 10 July 2003 the European Court of Human Rights unanimously held that the applicant's exclusion from broadcasting an advertisement announcing a religious event, was considered to be prescribed by law, had a legitimate goal and was necessary in a democratic society. The decision by the Irish Radio and Television Commission (IRTC) to stop the broadcast of the advertisement was taken in application of Section 10(3) of the Irish Radio and Television Act, which stipulates that no advertisement shall be broadcast which is directed towards any religious or political end (see IRIS...

IRIS 2003-8:1/33 [CY] Act on the Classification of Cinematographic Films of 2002

The Act on the classification of cinematographic films of 2002 provides for the rating of all cinematographic works prior to public screening in cinema halls or other public premises. It replaced the colonial law of 1935 (chapter 43) with the same title, providing for the constitution of a “board of censors”. The law establishes a rating body and classification system for (1) cinematographic works in analogue or digital format, and (2) for display/advertising material. Material publicly screened before classification is subject to seizure by the police. The board for the classification of cinematographic...