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IRIS 1998-7:1/32 Commonwealth of Independent States: Model Statute on Transfrontier Broadcasting

The Model statute “On transfrontier satellite television and radio broadcasting and international information exchange via satellite means”, an advisory legislative instrument, was adopted by the Interparliamentary Assembly of CIS Member States on 15 June 1998. It regulates relations that emerge in the process of establishing systems of satellite television and radio broadcasting and satellite telecommunication networks; of obtaining permission to use such networks; of their actual use; of television and radio broadcasting via satellites of one state to the territory of another state or to territories...

IRIS 1998-7:1/8 [NL] media authority decision suspended

In summary proceedings before the Amsterdam Court, the Dutch Media Group ( Holland Media Groep - HMG) and others contested the decision of the Dutch Media Authority ( Commissariaat voor de Media) which held that on the basis of the revised Television without Frontiers Directive (Directive 97/36/EC, article 1 and 2, paragraph 2 and 3) programmes broadcast by commercial channels RTL 4 and RTL 5 should be regarded as programmes of a domestic broadcasting organisation. According to the Media Authority, decisions regarding programming on RTL 4 and RTL 5 are taken in the Netherlands. In accordance with...

IRIS 1998-5:1/14 [BE] Amendments of the Flemish Broadcasting Decree

On 31 March the Flemish Parliament voted some important amendments to the 1995 Decree on radio and television. The revision of this Decree was necessary considering the case law of the Court of Justice of the European Communities (CJEC) on the application of the Television without Frontiers Directive (Case C11/95, CJEC 10 September 1996 and Case C-56/96, CJEC 5 June 1997, see IRIS 1996-10: 3 and IRIS 1997-7: 5) and because of the decision of 26 June 1997 by the European Commission (see IRIS 1997-9: 4) that considered the monopoly of the Flemish commercial broadcasting organisation ( VTM) to be...

IRIS 1998-4:1/18 [ES] Bill to Implement the Revised “Television without Frontiers” Directive

The Spanish Government has recently presented a Bill in order to implement the revised "Television without Frontiers" Directive. The Bill proposes to amend the Spanish Law 25/1994, which implemented the original "Television without Frontiers" Directive. The Bill introduces some important amendments concerning inter alia: the scope of application of the provisions of the law (it would apply to terrestrial, satellite and cable TV, and to all public and private broadcasters); the criteria used to determine in which country a broadcaster is established; the new rules on advertising (especially during...

IRIS 1998-3:1/12 [IE] Jurisdiction in Television Libel Cases

In 1997, the Irish High Court gave judgment on a preliminary issue of jurisdiction in relation to three actions in which the plaintiffs claimed damages, including aggravated and exemplary damages, arising out of a television documentary made by Carlton Television and distributed by Ulster Television (Ewins v Carlton [1997] 2 ILRM 223). The documentary concerned the activities and experiences of a member of the Provisional IRA, an unlawful organisation. Carlton broadcast only in mainland Britain but supplied the programme to other companies, including Ulster Television, which, simultaneously with...