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In a decision on 10 February 2005, the Conseil supérieur de l'audiovisuel (audiovisual regulatory body - CSA) served formal notice on Eutelsat, the satellite telecom network on which the Iranian channel Sahar 1 is carried, to stop broadcasting the channel within one month. The channel had not concluded an agreement with the CSA and had broadcast programmes that were manifestly anti-Semitic (see IRIS 2005-2: 12). Eutelsat made an urgent application to the Conseil d'Etat for enforcement of the decision to be suspended on the grounds that the Act of 30 September 1986 on freedom of communication, as...

The Supreme Court (OGH) has clearly ruled (decision of 4 May 2004, 4 Ob 82/04v) that the "originating State" principle should extend to sound radio, although there is no explicit provision to this effect in either Community or Austrian law. The ruling is thus of interest to the media sector generally in relation to discussion of the Commission's proposal for a directive on services in the internal market (COM (2004) 2 final) (see IRIS 2005-4: 3). In the case before the court a private radio broadcaster established and transmitting in the Tyrol region of Austria had brought an action against a radio...

In his statement to the European Parliament of 8 March 2005, European Commissioner for Internal Market and Services Charles Mc Greevy, confirmed that it is not the intention of the Commission to withdraw its proposal for a Directive on Services in the Internal Market. Launched in early 2004, the proposal sets out a general legal framework to reduce barriers to cross-border provision of services within the European Union. Given the broad scope of the proposal, its content has direct repercussions on the provision of audiovisual services. The proposal indeed covers all activities involving services...

The Secretary of State for Culture Media and Sport has laid a “Foreign Satellite Proscription Order” before Parliament under Section 177 of the Broadcasting Act 1990 (as amended; the current law is contained in the Communications Act, sections 329 - 332). If there are no objections, it will come into force on 21February 2005. The Order concerns Extasi TV (or Exstasi TV) . The service advertises itself as an “extreme hard core satellite TV channel” and the complaints concerned the service transmitting “violent pornography”. OFCOM notified the Secretary of State that the service was “unacceptable”;...

In continuation of the case of Al Manar TV (see IRIS 2005-1: 12), the CSA (Conseil supérieur de l'audiovisuel - audiovisual regulatory body) served formal notice on 10 February on the satellite operator Eutelsat to stop broadcasting the television service Sahar 1. The channel is edited by the Islamic Republic of Iran Broadcasting Company, which is established in Iran; it is not subject to any type of control by another European Union Member State and is broadcast by Eutelsat without being covered by any agreement with the CSA, in violation of Articles 33-1, 43-2 and 43-4 of the Act of 30 September...