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On 28 February 2013, during a news programme on RTBF, the French public broadcaster in Belgium, a news report was shown regarding an upcoming episode of RTBF’s programme “The Voice Belgique”. According to the Conseil supérieur de l’audiovisuel (audiovisual regulatory body- CSA) this report infringed Article 14, § 1 of the décret coordonné sur les services de médias audiovisuels (the Broadcasting Act) requiring that commercial communication must be readily recognizable as such. The CSA also argued that the report was in breach of Article 18, § 3 of the Act which prohibits the inclusion of self-promotion...

On 22 May 2013, the European Parliament adopted the Resolution on the Implementation of the Audiovisual Media Services Directive (AVMSD). The Resolution, which was written by Polish MEP Piotr Borys, stresses that the AVMSD is the backbone of EU media regulation: it guarantees a free flow of audiovisual media services and respects the right to freedom of expression and access to information, while protecting public interest objectives such as author’s rights and media freedom. At the same time, the report makes it clear that some Member States have not transposed the AVMSD in a timely manner or...

On 24 April 2013, the European Commission announced the adoption of a Green Paper on “Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values”. The aim of the Green Paper is to foster public discussion on the implications of the on-going transformation of the audiovisual media landscape, which is characterised by a steady increase in the convergence of media services and the way in which these services are consumed and delivered. The Commission decided to initiate this discussion due to the fact that convergence will become gradually more tangible over the next decade and...

On 16 May 2013, Advocate General Kokott delivered her opinion in Case C-234/12, Sky Italia v. AGCom concerning the issue of whether Directive 2010/13/EU (the AVMS Directive) and EU primary law should be interpreted as precluding the Italian asymmetric hourly advertising limits for pay-tv operators. Under Italian law pay-tv broadcasters are subject to a 14% hourly limit, whereas free-to-air commercial broadcasters must comply with an 18% hourly limit. The referral to the ECJ originates in a dispute before the Latium Regional Administrative Court (TAR Lazio) in which Sky Italia impugned a decision...

The Grand Chamber of the European Court held, by nine votes to eight, that the UK’s ban on political advertising on television did not violate Article 10 of the Convention. The majority opinion in this controversial judgment reflects a somewhat particular approach compared to the Court’s previous case law on political advertising, such as in VgT Vereinigung gegen Tierfabriken v. Switzerland (see IRIS 2001-7/2 and IRIS 2009-10/2). Essentially the judgment in the case of Animal Defenders International v. UK accepts that a total ban on political advertising on television, characterized...