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IRIS 2016-2:1/13 [GB] Regulator fines broadcaster for serious and repeated failures of compliance procedures

The UK Communications Regulator, Ofcom, has for the first time imposed a financial sanction on a broadcaster for inadequate compliance procedures. International Television Channel Europe (ITCE) is a general broadcaster on the digital satellite platform, aimed at the Bangladeshi audience in the UK and elsewhere in Europe. A standard licence requires licensees to adopt procedures to ensure that their programmes comply in all respects with their licence conditions and to ensure that such procedures are observed, in particular by ensuring that there are sufficient qualified or trained staff to do so. In...

IRIS 2016-2:1/7 [CY] New rules for the protection of minors

On 23 December 2015, the Law on Radio and Television Organisations of 1998 was amended. The goal of these amendments is the regulation of the participation of minors in advertising and teleshopping messages, as well as in television programmes, in order to ensure their interests and protect their rights. Amending Law N. 201(I)/2015 established general rules with regard to the participation of minors in commercial and other television productions, while the regulator, the Cyprus Radio Television Authority, is required to produce a code of conduct on the matter. More specifically, the following amending...

IRIS 2016-1:1/28 [NL] Report of the Dutch Media Authority on the transparency and independence of Dutch media

For 25 years the Commissariaat voor de Media (the Dutch Media Authority) has been the monitor of the Dutch media sector, seeking to safeguard its pluralistic and independent character. An annual report, called Mediamonitor, gives insights into the sector’s latest trends, media corporations and markets (for previous reports see IRIS 2015-1/34, IRIS 2011-5/35 and IRIS 2006-1/33). The latest report, published on 23 November 2015, mainly focuses on two themes: the independence of the media and the transparency of media institutions. Subsequently, it highlights some specific trends shown by contemporary...

IRIS 2016-1:1/27 [NL] Dutch Media Authority imposes EUR 275,500 fine on regional public service broadcaster

In a decision on 22 September 2015, the Commissariaat voor de Media (the Dutch Media Authority - CvdM) imposed a EUR 275,500 fine on Stichting Omroep Limburg (SOL; more commonly known as L1), a regional Dutch public service broadcaster. According to the Dutch Media Authority, the broadcaster L1 was fined because of commercial interference, which violates the Dutch Media Act. Extensive investigation showed several serious violations in the areas of sponsorship and advertisement. In 2014, website operator and competitor of L1, WijLimburg B.V. filed a request for enforcement with the Dutch Media Authority....

IRIS 2016-1:1/20 [IT] Constitutional Court rules that shorter hourly advertising limits for pay-TV broadcasters are not in breach of Italian Constitution

On 29 October 2015, by decision no. 210/2015, the Constitutional Court ruled on the constitutional legitimacy of Article 38(5) of Legislative Decree no. 177/2005 (Consolidated Text of the audiovisual and radio media services) as amended in 2010, which states that pay-TV channels are subject to hourly advertising limits shorter than those which apply to free-to-air broadcasters. The Constitutional Court ruled that this provision is in full accordance with the Italian Constitution. Article 38 provides stricter limits than those provided by Directive 2010/13/EU. The difference between the limit provided...