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Totally in line with the proposals put forward this summer by the Senate’s Committee on Culture (see IRIS 2017-8/17), and in an attempt to counter the stalled professional negotiations and address the urgent need for more appropriate regulations, Minister for Culture Françoise Nyssen has set up a mediation process in respect of media chronology. This has been deemed to be “a delicate task” and “a priority for the Government”; it forms part of the next stage in negotiations undertaken by the Centre National du Cinéma et de l’Image Animée (French National Centre for the Cinema and Animated Image...

The plenary of the Supreme Court decided that amendments to the law on RIK - the Cyprus Broadcasting Corporation -, L. Chapter 300A, were in breach of Article 28 (equality before the law) of the Constitution of Cyprus. The amendments subject the operation of new channels to the condition that the economic viability of existing audiovisual media service organisations would not be threatened, and further prohibit the inclusion of advertising and commercial announcements addressed to the territory of the Republic of Cyprus in re-transmitted broadcasts from other EU or third countries. The Court decided...

Provisions of the Law on Radio and Television Organisations of 2016 violate Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and they do not come under any allowed exception. The law is in conflict with European Law, which is superior to the Constitution of Cyprus, decided the plenary of the Supreme Court on a reference by the President of the Republic. The decision followed an intermediary verdict in which the Supreme Court rejected an application by the House of Representatives that the case be referred directly to the Court of Justice of the European Union (CJEU)...

The Audiovisual Media Authority (AMA) issued a statement on September 16 demanding television stations to stop broadcasting an advertising spot for a private university. The advertising spot focused on a call for new student admissions for this academic year. The spot highlighted the quality of education offered in the private university, while at the same time comparing and criticizing the quality of education offered in public universities. According to the regulator AMA, this advertisement provided information that was not necessarily true and stifled fair competition. AMA’s statement read that...

On 7 September 2017, Advocate General (AG) Szpunar delivered his opinion on the case of VCAST v. RTI SpA. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. VCAST’s platform enables users to record television programmes broadcast by the main digital terrestrial television channels in Italy (such as RTI) and store them in the cloud. After signing in to VCAST’s website, the user chooses the programme or timeframe he wishes to record. VCAST...