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IRIS 1999-2:1/26 [GB] Formal Warning for Satellite Channel VT4

Satellite broadcaster VT4 was issued in December with a formal warning by the Independent Television Commission (ITC) for failing to comply with its advertising scheduling rules. VT4 is a satellite channel based in the UK (and therefore licensed by the ITC in the UK) but directing its service at the Belgian market. VT4 breached the advertising requirement that no more than 12 minutes of advertising or teleshopping spots should be scheduled in any one clock hour. A formal complaint received from the Flemish Ministry of Economic and Media Affairs drew attention to two specific periods. Further evidence...

IRIS 1999-2:1/7 [SE] The Market Court's Judgement in the De Agostini-Case concerning TV-Advertising Directed at Children

The prohibition of advertisements aimed at children on Swedish television has been subject to a judgment by the Market Court. In the "De Agostini case" two questions had to be considered by the Court. First, whether the Swedish prohibition of advertisements targeted at children constituted a violation of the free movement of services and, second, whether the Swedish rules on misleading advertisement could be applied to advertisements transmitted into Sweden from broadcasters established abroad. In 1997, the Court of Justice of the European Communities issued a preliminary ruling on the question...

IRIS 1999-2:1/2 [FR] Territorial Jurisdiction Concerning Text Put On-line in another Country

On 13 November 1998 the Regional Court of Paris declared itself fit to deal with proceedings concerning a text circulated from a site in another country and received and seen within the territorial limits of the responsibility of the Paris Court. The site, called "Aaargh", included revisionist texts, presented under the name of the defendant, Robert Faurisson. The defendant submitted that the texts could not be attributed to him and that none of the offences held against him had taken place within the national territory, since "Aaargh" was located in the United States. The defence held that the...

IRIS 1999-1:1/6 [FR] CSA and Conseil d'Etat Acknowledge Luxembourg Nationality for RTL 9

Since May 1998 the French group AB has been the majority shareholder, with 65% of its shares, in the RTL 9 television channel; CLT-UFA holds only 35%. This take-up has been followed by changes in the organisation and functioning of the channel, whose agreement with the CSA ( Conseil Supérieur de l'Audiovisuel - national radio and television supervisory body) ) had expired. When called upon to determine which legal scheme the channel came under, the CSA noted that its registered office, staff and most of its means of production were established in Luxembourg. CLT-UFA also has editorial responsibility...

IRIS 1999-1:1/5 European Commission: Decision to Take France to the Court of Justice for Failing to Comply with the Directive

The European Commission has decided to refer France to the Court of Justice for failure to comply with certain provisions of the "Television Without Frontiers" Directive (Directive 89/552/EEC). In 1992 an infringement procedure was started against France concerning the transposition of Directive 89/552/EEC. The revised directive on "Television Without Frontiers" (Directive 97/36/EC) has not amended the relevant provisions in such a way that it would affect the complaints. Thus, the complaints remain valid. With respect to earlier complaints of the Commission, the French authorities acknowledged...