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On 25 June 2003 the Verfassungsgerichtshof (Constitutional Court -VfGH) published a decision in the proceedings involving the new Act concerning the Österreichischer Rundfunk (Austrian public service broadcasting organisation - ORF). Inter alia, the claimant, the Vienna Land Government, considered the provision of the ORF Act to be unconstitutional, according to which “…at all events, for the prime-time evening programmes (8 p.m. to 10 p.m.), as a rule, a selection of intellectually demanding broadcasts should be on offer,“ (§ 4 (3) Section 2, the ORF Act). This apparently constituted direct interference...

In May, the Parliament of the Czech Republic passed an amendment to Act No.40 on the regulation of advertising, the main subject of which was tobacco advertising. Under the previous regulations, advertising for tobacco and tobacco products was already restricted. Advertising, for example, could not depict minors, but only people who were or who looked at least 25 years old. Tobacco advertising was forbidden in print media aimed at minors and on large billboards (over 10 square metres) in the vicinity (300 m) of schools and children's playgrounds. Advertisements were not allowed to show people...

The "Television without Frontiers" Directive is currently under re-examination and, in accordance with its Article 26, the Commission has embarked on three assessment studies on the text and is now commencing public consultation intended to examine "application of the Directive and, if appropriate, to draw up new proposals with a view to its adaptation to developments in the field of television broadcasting, particularly in the light of recent technological developments". The consultation covers the main sensitive areas of the Directive ­ promotion of European works, advertising, protection of...

At its regular meeting on 12 May 2003, the Council of Electronic Media discussed the implementation of the provisions of the Radio and Television Law and the European Convention on Transfrontier Television regarding sponsorship of radio and TV programmes. After a discussion the Council decided that the development of broadcasters' commercial practice calls for further clarification of the Bulgarian Radio and Television Law's provisions concerning sponsored broadcasts. These provisions are as follows: "Section 92. - (1) Sponsored broadcasts shall not promote the sale, purchase, or use of goods and...

The highest German courts still cannot agree on the meaning and scope of human dignity as a restriction on freedom of expression. In a decision of 11 March 2003, the Bundesverfassungsgericht (Federal Constitutional CourtBVerfG) quashed a ruling made on 6 December 2001 by the Bundesgerichtshof (Federal Supreme Court - BGH) in a dispute relating to competition law (see IRIS 2002-2: 14) and referred the case back to the BGH for a review. In the same case, on 12 December 2000 the BVerfG had overturned and referred back the BGH's first ruling of 6 July 1995 (see IRIS 2001-2: 13). The BGH had subsequently...