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IRIS 2017-9:1/12 [FR] “YouTube tax” comes into force

As confirmed by decree no. 2017-1364 of 20 September 2017, the tax on the advertising revenue of Internet sites making videos available online either for free or in return for payment (the “YouTube tax”) is about to enter into force. The proceeds of this 2% “video tax” are to be made over to the National Centre for Cinema and the Animated Image (Centre National du Cinéma et de l’Image Animée - “the CNC”) for the financing of support for the creation of new works. The tax dates back to 1993 in respect of actual videograms (VHS/DVD); in 2004 it was extended to French sites charging for video-on-demand...

IRIS 2017-9:1/11 [ES] Catalan Audiovisual Council’s new Code on LGBTI persons in audiovisual media

On 20 July 2017, the Catalan Audiovisual Council (Consell de l’Audiovisual de Catalunya, CAC), the Department of Labour, Social Affairs and Families (Departament de Treball, Afers Socials i Famílies), and the Catalan College of Journalists (Collegi de Periodistes de Catalunya), announced the publication of a new Code on the treatment of lesbian, gay, bisexual, transgender and intersexual (LGBTI) people in the audiovisual media (Recomanacions sobre el tractament de les persones lesbianes, gais, bisexuals, transgèneres i intersexuals (LGBTI) als mitjans audiovisuals). The Code constitutes a new tool...

IRIS 2017-9:1/9 [DE] OLG München rules that ad blocker does not breach cartel, competition or copyright law

In a ruling of 17 August 2017, the OLG München (Munich Court of Appeal) decided that open source software used to block advertising on websites did not infringe cartel law, any other kind of competition law or copyright law (case no. 29 U 1917/16). The plaintiffs in the case at hand operate free websites with journalistic content that are financed through advertising. The defendant distributes free open source software that can block advertising on websites. The details of which content is blocked by the software are not initially provided; rather, this information is found in the form of so-called...

IRIS 2017-9:1/6 European Commission: Decision on financing and advertising behaviour of public service broadcasting

On 11 July 2017, the European Commission published its decision concerning the financing of public broadcasting in Ireland, following a complaint from a private broadcaster regarding alleged breaches of State aid rules under the Treaty on the Functioning of the European Union. Notably, the decision also concerns the competitive behaviour of public broadcasters in the advertising market. The current system of State financing of public broadcasters RTÉ and TG4 in Ireland was approved by the European Commission in a 2008 Decision (see IRIS 2008-4/8), under which the Irish authorities agreed to implement...

IRIS 2017-8:1/36 [TM] Subsidies to state television to end by 2022

On 7 July 2017 President Berdymukhamedov of Turkmenistan signed an Ordinance that provides for the gradual end to the financing of State-run television and radio channels (the only broadcasters in the country) from the national budget. The reform will take place over the course of four years, beginning in 2018. The Ordinance encourages the State Committee on Television, Radio and Cinema (a body of the Ministry of Culture, Press and Television), subject to the agreement of the Cabinet of Ministers (chaired by the President), to permit advertising and marketing broadcasts on State channels and to...