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IRIS 2004-4:1/20 [FR] CSA Standard Agreement for Channels outside the European Community

The Conseil supérieur de l'audiovisuel (audiovisual regulatory body - CSA) is facing difficulties concerning the channels in countries outside the European Community broadcasting on Eutelsat, of which more than 150, despite theoretically being subject to French authority, are broadcast without being approved either in France or in any other country of the European Union. The CSA cannot sanction them or take proceedings against the satellite operators or the bodies that allocate space on the satellite broadcasting these channels. Thus on 13 January, the CSA applied to the office of the Public Prosecutor...

IRIS 2004-1:1/14 [AT] State Not Liable for Broadcasting Monopoly

On 7 October 2003, the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH) rejected a claim under state liability law for compensation for misplaced investments in the establishment of a private television company. Back in 1996, the plaintiff had wanted to operate private television in Austria as a partner of RTS Radio- und Fernsehproduktions GmbH (RTS). However, it had been denied a licence to manage and broadcast television channels because of the monopoly held at the time by the public service broadcaster Österreichische Rundfunk (ORF). RTS had then established ICS Broadcasting Ltd....

IRIS 2003-10:1/17 [PL] New draft Amendment to the Broadcasting Act

As the previous draft of comprehensive amendments to the Broadcasting Act of 29 December 1992 (Dz. U. of 2001, No. 101 Item 1114, as amended), was rejected by Parliament on 30 July 2003, the Government has prepared a new draft, which is ­ in regard to its content ­ reduced in certain aspects. The Council of Ministers adopted on 21 October 2003 draft legislation to adapt the Broadcasting Act in line with the Directive 89/552/EEC, amended by the Directive 97/36/EC ­ the so-called Directive "Television Without frontiers". They also tailor national legislation to the principles underlying Community...

IRIS 2003-10:1/1 Surveillance Authority: Norwegian Ban on Certain Cross-Border Television Broadcasts Compatible with EEA Law

On 8 October 2003, the EFTA Surveillance Authority delivered a decision pursuant to Article 2a(2) of the Television Without Frontiers Directive (Directive 89/552/EEC as amended by Directive 97/36/EC), confirming the compatibility with EEA law of measures taken by Norway that restrict retransmission of certain pornographic television programmes deemed to be detrimental to minors, in Norwegian digital cable TV networks. The prohibition concerns broadcasts of three different pay-TV channels based in Sweden. On 25 June 2003, Statens medievorvaltning (the Norwegian Mass Media Authority) decided to...

IRIS 2003-9:1/14 [FR] France Submitts to the European Commission Its List of Events of Major Importance

France has just notified Brussels of its draft decree on the conditions for broadcasting events of major importance, in compliance with Article 3a of the "Television Without Frontiers" Directive, which provides that each Member State may draw up a list of events ­ national or otherwise ­ that it considers to be of major importance, and adopt measures to ensure that broadcasters do not exercise their exclusive rights "in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events via live coverage or deferred coverage on free television"....