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In its report on Turkey's progress towards EU accession, the European Commission describes inter alia the legal situation in the audiovisual sphere. The yardstick for assessing the situation in Turkey is the EC's "Television Without Frontiers" Directive. As an example of progress made in this field, the report highlights a regulation adopted in January 2004 concerning radio and television broadcasts in languages and dialects traditionally used by Turkish citizens, as a result of which it is now possible to broadcast nationwide radio and TV programmes in languages other than Turkish. However, the...

In a decision of 14 October 2004, the Bundesverfassungsgericht (Federal Constitutional Court) declared that judgments handed down by the European Court of Human Rights are not always binding on German courts. The Bundesverfassungsgericht referred the case back to the Oberlandesgericht (Court of Appeal), which, it ruled, was not bound by the earlier judgment by the ECHR. International agreements were incorporated into German law by formal enactment of legislation and had the status of a federal law. German courts should therefore observe and apply the European Convention on Human Rights (ECHR)...

Aware that the CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) has no control over the Lebanese channel Al Manar, broadcast in France by Eutelsat, which offers a serial likely to be considered anti-Semitic (see IRIS 2004-4: 10), the public authorities have reworded the references to audiovisual services in Article 42-10 of the Act of 30 September 1986 (see IRIS 2004-8: 8). Thus under Article 82 of the Act on electronic communications and audiovisual communication services of 9 July 2004, the CSA's Chairman may appeal to the Courts "to put a stop to a satellite operator broadcasting...

The Parliament of the Czech Republic passed an amendment to the Broadcasting Act aimed at the transposition of European Community law. The amendment clarifies some terms of the broadcasting law in compliance with the "Television Without Frontiers" Directive. The amendment contains specific criteria to identify the jurisdiction over broadcasting as provided in the Directive. A chain of criteria is set out to determine whether a television broadcasting organization is to be regarded as being established in the Czech Republic. The objective of these cascading criteria is to ensure that the subject...

The bill amending the Broadcasting Act, aimed at the transposition of European Community legal standards into national law (see IRIS 2003-10: 9), was finally been adopted by the Parliament on 2 April 2004. The draft bill sent to Parliament on 7 November 2003 by the Government, has been amended by the Sejm (lower chamber of the Parliament) and the Senat (upper chamber of the Parliament). The changes made to the governmental proposal are of minor importance and the main objective of the bill ­ harmonisation with EC law ­ is kept intact. The amendment contains inter alia specific criteria to identify...