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On 29 December 2011, a new section in the chapter on “Licensing and Registration of Operators” in the Radio and Television Act entered into force. It is titled “Registration of Radio and Television Operators that Produce Programmes Addressed to the Audience beyond the Territory of the Republic of Bulgaria”. The purpose of this addition was to fill the gap in Bulgarian legislation concerning programmes that are produced in Bulgaria, but are transmitted outside Bulgaria via an electronic communication network for terrestrial or satellite broadcasting located in Bulgaria (see IRIS 2011-7/12). For...

On 19 October 2011, the Act on Audiovisual Media Services (Zakon o avdiovizualnih medijskih storitvah - ZAvMS) was adopted and entered into force on 17 November 2011. As described in previous IRIS issues, its adoption was crucial due to the infringement procedure against Slovenia, started earlier in 2011 by the European Commission for non-transposition of the Directive in due delay (see IRIS 2011-8/42). Despite the fact that Slovenia notified to the Commission a complete transposition of the AVMSD on 21 November 2011, the infringement procedure remains pending, as the Commission needs to analyse...

The Government of Gibraltar has made regulations transposing the Audiovisual Media Services Directive into the Law of Gibraltar. This follows a reasoned opinion from the Commission at the end of 2011 requesting the UK Government to secure such implementation; Gibraltar is a British Overseas Territory that governs its own internal affairs, with some matters - such as foreign relations - remaining the responsibility of the UK Government. The Audiovisual Media Services Regulations, made under the Interpretation and General Clauses Act, took effect on 20 October 2011. They state that they apply to...

In a judgment of 25 October 2011, the European Court of Justice (ECJ) ruled that claims arising from breaches of personality rights on the internet can also be brought before courts of a member state in which the person concerned has his or her “centre of interests”. It also held that the nature of Article 3 of the E-Commerce Directive (2000/31/EG) was not such that it required transposition in the form of a specific conflict-of-laws rule. Both the Tribunal de grande instance de Paris (Paris Regional Court) (Case C-161/10) and the Bundesgerichtshof (German Federal Court of Justice) (Case C-509/09)...

The European Commission has requested Belgium and the UK to implement outstanding provisions of the EU’s Audiovisual Media Services (AVMS) Directive. The AVMS Directive aims at ensuring a single market and legal certainty for Europe’s TV and audiovisual industry. This is done through the creation of a level playing -field for both broadcast and on-demand audiovisual media services across borders, while ensuring cultural diversity, the protection of children and consumers, the safeguarding of media pluralism and combating racial and religious hatred. This Directive is based on the principle of the...