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IRIS 2015-4:1/21 [NL] Dutch Media Authority Becomes Supervisor for Netflix in Europe

On 3 March 2015, the Commissariaat voor de Media (Dutch Media Authority - CvdM) published its decision of 3 February 2015 with regards to the application of Netflix as a commercial on-demand audiovisual media service. In this decision, the Dutch Media Authority accepted Netflix’s application. The result is that Netflix is, from now on, supervised by the Dutch Media Authority in Europe and should adhere to the Dutch Media Act (Mediawet 2008). On 1 January 2015, Netflix International B.V. changed its place of establishment, switching from Luxembourg to the Netherlands. On 9 January 1015, Netflix...

IRIS 2015-4:1/9 [FR] Piracy on the Internet - Government action plan

On 11 March 2015, Minister for Culture and Communication Fleur Pellerin presented the Government’s strategy for combating piracy on the Internet to the Council of Ministers. Apart from the graduated response applied to illegal downloading implemented by France’s high authority for the distribution of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet - HADOPI), which remains in place, the action plan is also aimed at streaming sites and referencing, which benefit from pirated works. Three series of measures were...

IRIS 2015-3:1/28 [AT] KommAustria ascertains the lack of labeling of sponsorship and an undue prominence of product placement

On 27 February 2015, the Austrian Communications Authority (KommAustria) decided that ImageLine Medienproduktion GmbH, the organizer of the cable television program "INFO TV", violated its duty to label sponsorship. The ImageLine company has also emphasized the product placements too strong (GZ .: KOA 1.965 / 15-008). On 1 December 2014, from 18:00 to 20:00, the weekly broadcast "INFO TV" was broadcasted. Neither at the beginning nor at the end of the program, the operator of the programm displayed a notice of sponsorship of the companies "Gusto", "Tourismusverband Bad Hall / Kremsmünster" and...

IRIS 2015-3:1/27 [RU] Advertising Ban Amended to Excerpt Russian Entities

On 3 February 2015, the Russian President signed into law a bill adopted by the State Duma on 27 January 2015. The new law lifts the ban on commercials for pay cable and satellite television channels that do not broadcast (or rebroadcast) foreign content. The ban, which prohibits any commercials on pay television channels if the channels do not hold a terrestrial broadcasting license or are not on the list of must-carry programmes, became effective on 1 January 2015 (IRIS 2014-8/34). Reportedly, it could negatively affect media plurality with the coming digital switchover, when hundreds of regional...

IRIS 2015-3:1/8 [DE] Federal Administrative Court permits regional advertising by national TV broadcaster

In a ruling of 17 December 2014 (case no. 6 C 32.13), the Bundeswaltungsgericht (Federal Administrative Court - BVerwG) decided that it was not a breach of broadcasting law for advertising spots to be transmitted on a regional basis on a national television channel. The decision followed an announcement by the provider of the "ProSieben" television channel that it intended to offer regional advertising spots to advertising customers for whom national TV advertising was unattractive. The lower-instance Verwaltungsgericht Berlin (Berlin Administrative Court - VG Berlin), in a decision of 26 September...