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The European Court of Justice (ECJ) decided in a judgement announced at the end of October that the "Television without Frontiers" Directive 89/552/EEC in the 97/36/EC version of 30 June 1997 is to be so construed that the calculation of scheduled transmission times for given programmes is to include advertising featured (the grossed-up principle). Member States are nonetheless free to lay down stricter rules in this regard for broadcasters coming under their jurisdiction, while abiding by other relevant provisions of Community law. The case brought before the ECJ under an interlocutory application...

The Bayerische Landeszentrale für Neue Medien (Bavarian State Central Office for New Media - BLM) has banned the German sports channel DSF from broadcasting virtual advertising (see also IRIS 1999-4: 14). DSF risks being fined if it repeats the offence. During a football match shown on 10 August 1999, DSF broadcast, for the first time, virtual logos and products in the centre circle of the pitch and either side of each goal. The BLM claims that virtual advertising, i.e. the superimposing of electronic advertisements on a real picture, is incompatible with §7.3 of the current Rundfunkstaatsvertrag...

The new Law on Telecommunications passed on 30 June 1999 sets preconditions for the privatisation of the fixed telephone network until now owned by Hrvatske telekomunikacije (the Croatian TelecomHT ) and further facilitates full competition in this market starting on 1 January 2003. The new law thus implements the EC's Open Network Provisions. This also entails real competition in the market of Internet providers. The new law also establishes the Hrvatski zavod za telekomunikacije , (the Croatian Institute for Telecommunications, which is the state administrative organisation) as an independent...

The following facts were behind a recent decision of the Verfassungsgerichtshof (Constitutional Court - VfGH): an advertising agency ordered a certain amount of airtime for TV commercials from the Austrian national public broadcaster Österreichische Rundfunk (ORF). The advertising slots were originally booked on behalf of a magazine publishing company; the advertising agency later asked the ORF to transfer most of the slots from the publishing company to the private radio broadcaster Antenne Wien . This request was turned down by the ORF with reference to its management's decision "not...

The European Commission has decided to authorise the creation of Eureka , a joint venture between Kirch and Mediaset . The main activities of Eureka will be in the areas of TV broadcasting, the sale of TV advertising, TV productions and the international distribution of TV rights. The Kirch group ( Kirch Media GmbH & Co. KgaA and Kirch Vermögensverwaltungs-GmbH & Co .) is one of the two major commercial media groups in Germany, and owns a wide range of broadcasting rights to films, TV programmes and sports events. Mediaset ( Mediaset S.p.A. and Medusa S.p.A. ) is an Italian commercial TV company...