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A resolution adopted on 1 March 2002 by the Bundesrat (upper house of parliament), which represents the Bundesländer at federal level, mentions various issues that should be taken into account during the forthcoming revision of the "Television Without Frontiers" Directive. First of all, the Bundesrat suggests that the Directive should stipulate that its provisions may be transposed in conformity with Community law by means of self-regulatory mechanisms. With regard to Article 3a, various adjustments are proposed in response to past experiences with the practical enforcement of Member States'...

By its decision of 15 February 2002, the Vlaams Commissariaat voor de Media (Flemish Media Authority) has decided to recognise the SBS-broadcasting station VT4 as a Flemish broadcasting organisation. From 1 March 2002, VT4 will operate under the Flemish Broadcasting Act 1995. VT4's licence from the Independent Television Commission (ITC) in the United Kingdom also ceased to be valid on 1 March 2002. Until recently, VT4, as a British broadcaster with its programmes targeting the Flemish Community, was operating with an ITC licence in accordance with the UK Broadcasting Act. Since February 1995,...

The preparation of new media legislation for Serbia, which has already taken almost 15 months (see IRIS 2001-6: 10), is entering its last phases in early 2002. The draft Broadcasting Act of Serbia, which was submitted by the expert group to the Government of Serbia in August 2001, has finally reached the adoption procedure. The only remaining obstacle to a swift adoption of the Law on Broadcasting in the Parliament is the position of the Government of Serbia that the Law on Telecommunications of Serbia shall be passed simultaneously, and the text on telecommunications needs some time in order...

The Bundesgerichtshof (Federal Supreme Court - BGH) has again ruled on the admissibility of so-called "shock advertising" under competition law. In its judgment of 6 December 2001, it prevented the defendant, a press firm, from printing an advertisement for the Benetton company, depicting a person labelled as "HIV Positive", on the grounds that it was immoral within the meaning of Article 1 of the Gesetz zum Schutz gegen den unlauteren Wettbewerb (Unfair Competition Act - UWG) and was therefore unlawful. The BGH had reached the same verdict in a previous judgment of 6 July 1995 (I ZR 180/94)....

In the context of the regulations adopted recently with a view to the launching of digital terrestriallybroadcast television, Decree no. 2001-1331 of 28 December 2001 has now extended the scope of the decree of 27 March 1992 "laying down the general principles for the scheme applicable to advertising and sponsorship" to all television services however they are broadcast (analog or digital, unencrypted or onpayment from users). It is intended to apply also to services other than television services broadcast terrestrially in digital mode (cable, satellite, encrypted channels). A new Article 15-1...