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IRIS 2001-6:1/3 European Commission: From TV Directive to Content Directive?

A year ago, as required by Article 26 of the Directive itself, the Commission began preparing for a review of the "Television Without Frontiers" Directive 89/552/EEC as amended by Directive 97/36/EC, by publishing a call for tender for various studies relating to different parts of the text. Reports on the quota system (Art. 4-6, see infra) and on the impact of TV advertising and teleshopping on minors were also commissioned. According to the Education and Culture Commissioner, the review of the Directive will focus particularly on a liberalisation of the provisions on advertising, sponsorship...

IRIS 2001-5:1/18 [AT] Supreme Court Rules on Hyperlink Liability

Having previously decided (albeit with no legal basis) that, under copyright law, someone who sets up a hyperlink actually reproduces the "linked-in" contents (see IRIS 2000-7: 9), the Oberster Gerichtshof (Supreme Court - OGH) recently dealt expressly with the question of liability for hyperlinks from a competition law point of view for the very first time. The facts of the case are as follows: the first plaintiff is the publisher of the Kurier daily newspaper and the second plaintiff is its subsidiary, which deals with advertising. The defendant, an employment agent working in the field of staff...

IRIS 2001-5:1/12 [SE] Market Court Bans Pokémon-Rap

During the spring and summer of 2000 the Swedish national terrestrial channel TV4 broadcast more than ten programmes from the very popular children's series "Pokémon". When an episode was finished - and the message "to be continued" had been shown - the viewers were requested to keep their seats: "Don't leave yet. Now follows the Pokémon-rap". In this rap a selection of characters from the series are presented and the message "Gotta catch' em all" is repeated several times. When the rap is finished the programme ends with a billboard and the "Pokémon song". The Swedish Broadcasting Commission...

IRIS 2001-5:1/11 [HR] New Law on Radiotelevision

On 8 February 2001 the Croatian Parliament passed the new Zakon o Hrvatskoj radiotelevizji (Law on Croatian Radiotelevision - HRT) and is about to significantly change the TV landscape in Croatia from 2002 onwards. The new Law states that the public broadcaster HRT shall privatise its third network within one year, while its section Odasilja´ci i veze (Transmitters and Links) will become a separate state owned public company by 1 January 2002. The Law also plans a further division of HRT in Hrvatska televizija (Croatian Television) and Hrvatski radio (Croatian Radio) by 1 July 2002. HRT will also...

IRIS 2001-5:1/8 [DE] “Self-Advertising Channels” Declared Harmless

By granting national broadcasting licences to three so-called self-advertising TV channels, the Direktorenkonferenz der Landesmedienanstalten (Conference of Directors of the Land Media Authorities - DLM) has declared that Telekom-TV, Sparkassen-TV and Bahn-TV are not in breach of German media law. While Telekom-TV and Sparkassen-TV broadcast a mixture of self-advertising programmes and material from n-tv, available only on the premises of the companies concerned and their customers, Bahn-TV is planning to show purely self-advertising content. All three channels are classified under media law as...