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On 14 June, the Court of Justice of the European Communities in Luxembourg held that Italy has failed to fulfil its obligations under the EC Treaty by not adopting the necessary measures to transpose Directive 97/36/EC into its national law. Directive 97/36/EC was adopted by the European Parliament and the Council on 30 June 1997. It amends the "Television Without Frontiers" Directive (89/552/EEC of 3 October 1989), introducing, inter alia, a revision of the principle whereby only the laws of the State of establishment apply to broadcasting activities taking place in the EC (Art. 2a), different...

In September 2000, a decision of the High Court in London allowed the commercial TV station TVDanmark1 to broadcast an important football match between Denmark and Iceland to the Danish public even though the broadcaster is accessible to only 55% - 60% of the Danish population on a subscription basis. The Court decided that TVDanmark1 has no obligation to offer access to football matches to the national Danish public service broadcasters. The limited access offered to the Danish public by TVDanmark1 would thus seem to be contrary to the Directive 89/552/EEC as amended by Directive 97/36/EC. Article...

Following the adoption of the Broadcasting (Amendment) Act 2000, several pieces of subsidiary legislation have been published and since then have come into force. The 2000 legislative package comes in the light of Malta's efforts to implement the Council of Europe's Transfrontier Television Convention (signed 1991 and ratified in 1993) and EC Directives 89/552/EEC and 97/36/EC. In 2000 Malta tacitly ratified the Protocol amending the convention on Transfrontier Television. A few points have been selected to highlight the legislative background of these recent legislative changes: The Broadcasting...

According to Article 149.1.27 of the Spanish Constitution, responsibility for the regulation of the audiovisual sector is shared by the State and the Comunidades Autónomas (Autonomous Communities, the regional political entities). The State has the power to approve the basic legislation for press, radio, television and any other media, without prejudice to the powers of the Autonomous Communities to implement and enforce this basic legislation. Several Autonomous Communities have recently decided to approve provisions concerning the implementation of the basic legislation in the field of media...

As provided in Art. 26 of the "Television without Frontiers" Directive, on 15 January 2001, the European Commission submitted its third report on the application of the Directive to the European Parliament, the Council and the Economic and Social Committee (see IRIS 1995-7: 4 and IRIS 1997-10: 5). The report deals with application of the Directive since it was amended in July 1997 up until the end of 2000. After giving a description of the development of the television market in Europe during the period 1997 to 2000, the report takes a closer look at the functioning of several of the directive's...