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The Government of Luxembourg adopted a Grand-ducal regulation on the protection of minors in audiovisual media services (Règlement grand-ducal relatif à la protection des mineurs dans les services des médias audiovisuels) on 8 January 2015. In 2013, the European Commission had initiated infringement procedures against Luxembourg for failure to implement Article 12 and 27 of the Audiovisual Media Services Directive (AVMSD). The regulation thus specifies the measures providers of audiovisual media services are required to take to ensure the protection of minors in accordance with said rules of the...

On 22 January 2015, the Court of Justice of the European Union delivered its judgment in Hejduk v. EnergieAgentur (Case C-441/13) on the question of whether an Austrian court may hear an action for online copyright infringement where the material is placed online in another Member State. The case concerned Pez Hejduk, a professional photographer of architecture, who had taken photographs of various buildings by an Austrian architect. A German company, EnergieAgentur, made the photographs available on its German website without Hejduk’s consent and Hejduk brought an action for copyright infringement...

The Swedish Radio and Television Act (Radio- och TV-lagen), which has transposed the Audiovisual Media Services Directive 2010/13/EU (AVMS Directive) into Swedish law, includes a ban on the advertising of alcohol and on sponsorship by alcohol companies of television and radio broadcasts. Nevertheless, there are some television channels (TV3, TV6, TV 8, Kanal 5 and Kanal 9) that - even though they are more or less exclusively directed towards Swedish viewers - broadcast under UK licences and are subject to UK jurisdiction. UK law permits the activities described above. The AVMS Directive is based...

On 5 November 2014, the Independent Audiovisual Authority of Luxembourg (Autorité luxembourgeoise indépendante de l’audiovisuel - ALIA) issued its second decision which falls in the category of “decisions to be published” since it has been established by the law of August 2013 (see IRIS 2013-10/32). In its first published decision of February 2014, ALIA rejected an application for a new radio station (see IRIS 2014-7/27). This new decision concerns a programme transmitted on television in Belgium. The complaint, which was originally brought before the Belgian regulatory authority of the French...

On 25 November 2014, the Council of the European Union, meeting in its configuration for Education, Youth, Culture and Sport, adopted its Conclusions on European Audiovisual Policy in the Digital Era. This document outlines the Council’s perspective on the future of EU audiovisual policy and makes invitations to the European Commission and Member States to take certain actions in this field. The document starts by recognising the importance of audiovisual policy in fostering cultural and linguistic diversity and competitiveness, thereby representing a key area for the EU’s Europe 2020 Strategy....