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On 3 December, the Flemish Parliament voted in the new decree aimed at reorganising the Flemish Media Council and which also allows for the setting up of a Flemish Media Commission. The Flemish Government's Bill (see IRIS 1997-10 : 12) was approved by Parliament with just a few amendments. Setting aside the regulatory power, which is not related to the audio-visual regulatory process and which remains the province of Parliament and the Government, everything else within the audio-visual sphere will come under the Media Council in its role as independent authority. The Council will be made up of...

In January 1994, the Association against Animal Factories (Verein gegen Tierfabriken - VgT) asked The Television Advertising Co. (AG für das Werbefernsehen - AGW), a subsidiary of the Swiss Radio and Television Corporation (SRG) to show a television spot highlighting the cruel conditions in which working animals were kept and urging viewers to eat less meat. But the AGW refused, because of the spot's "political content", and also because the association was not prepared to rework it to bring it into line with the requirements of the Radio and Television Act (Radio- und Fernsehgesetz - RTVG). The...

Ireland is a dualist country in the sense that the European Convention on Human Rights has not been incorporated into domestic law. However, in a judgment which is indicative of the increasing willingness of the Irish courts to take account of the Convention, the High Court in April 1997 ([1997] 2 ILRM 467) considered a ban on broadcast advertising in the light of Article 10 and the jurisprudence of the European Court of Human Rights. The advertisement in question asked "What think ye of Christ?" and went on to announce the forthcoming Easter Week showing, and satellite transmission, of a video...

On 15 April 1997, the Court of Cassation decided on the application of the "Television without Frontiers" A national broadcaster, Telemarket, the holder of a national licence to broadcast via terrestrial frequencies, was condemned by the Garante per l'editoria e la radiodiffusione to the payment of a fine. The broadcaster had transmitted fifteen hours of teleshopping programmes on one and the same day, therefore violating Article 18, paragraph 9 of Italian law n° 223 of 1990, enacted to transpose the "Television without Frontiers" Directive into Italian law. The broadcaster took legal action against...

The regional media authorities have announced that an advertisement for the "Euro" (a single European currency) produced by the Federal Government in conjunction with the European Parliament and the European Commission is not permissible as it exceeds the limits for political advertising. The private German broadcasting companies Pro Sieben and Kabel 1 had submitted two advertisements on the euro to the relevant working party on advertising at the regional media authorities to check whether they were admissible at law. One of the two was declared inadmissible as it exceeded the limits for political...