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In the VT4-case, the State Council has formulated a request for a preliminary ruling to the Court of Justice of the European Communities (Art. 177 EC Treaty). As we indicated earlier, the State Council on 2 March 1995 suspended a Ministerial Order of the Flemish Minister of Cultural Affairs stopping the Flemish cable networks from distributing the television programmes of VT4, a commercial TV broadcaster licensed by the United Kingdom. The denial of access was considered by the State Council to be a breach of European Community law, especially of Art. 2 of the TV Directive and Art. 59 EC Treaty...

On 14 February 1996 the Eurpean Parliament adopted a resolution on the proposal of the European Commission to amend the Directive on 'Television without Frontiers' ( see: IRIS 1995-7: 4). The resolution approves the Commission's proposal subject to Parliament's amendments (covering a wide range of issues, from the scope of application of the Directive to the provisions on quotas and protection of minors). The main points are the following: - Article 1, a): the EP includes audiovisual services "on demand" in the definition of "television broadcasting". - Article 2: the EP foresees a detailed...

By lodging their case on 4 December 1995 with the Court of First Instance of the European Communities, the companies Endemol Entertainment Holding BV, Veronica Omroep Organisatie, CLT, RTL 4 and others decided to challenge the European Commission on legal grounds in order to protest against the Commission's decision of 20 September 1995 ( see: IRIS 1995-9: 5) in which it refused to authorise - in that form - the joint-venture Holland Media Groep SA (HMG), acting as an umbrella for these companies. The purpose of the proceedings is therefore firstly for the aforementioned Commission decision taken...

Following suspicion of the circulation of pornography among newsgroups on Internet, the State Prosecution Service in Munich instigated investigation proceedings against the German subsidiary of the on-line service CompuServe. These began with the impounding of private computers whose mailboxes were found to contain pornographic material. It is the view of the State Prosecution Service that the company CompuServe bears joint responsibility for the data circulating in its data network. In order to prevent offences being committed, checks must be made, using all available technical means, on whether...

In two recent cases the Swedish Broadcasting Commission decided upon the applicability of the Swedish Satellite Broadcasting Act on Swedish broadcasting companies established abroad. One of the cases concerned TV3. The Swedish Satellite Broadcasting Act applies to broadcasting companies established in Sweden. The Commission had to determine the criteria on which basis a company can be considered to be a "broadcasting company". The Act defines "broadcasting company" as a company which puts together and is responsible for the programming. In the case of TV3 two companies would come under this definition:...