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IRIS 2009-9:1/29 [SK] New Audiovisual Media Services to Be Regulated

An amendment to Act No. 308/2000 Coll. on Broadcasting and Retransmission and to Act No. 195/2000 Coll. on Telecommunications from 14 September 2000 (“Amendment”) was proposed by the Ministry of Culture on 29 May 2009. The Amendment was required following Slovakia’s commitment to implementing Directive 2007/65/EC (AVMSD). Slovakia as a Member State shall bring into line laws, regulations and administrative provisions necessary to comply with the AVMSD by 19 December 2009 at the latest. The amended Act No. 308/2000 Coll. shall also apply to Internet broadcasting and providing on-demand audiovisual...

IRIS 2009-9:1/13 [DE] BayVGH Rejects Competition Rules Injunction Request

On 11 August 2009, the Bayerische Verwaltungsgerichtshof (Bavarian Administrative Court - BayVGH) (case no. 7 NE 09.1378) rejected an application by the game show broadcaster 9Live for an injunction against the competition rules adopted by the Landesmedienanstalten (state media authorities - LMA). The broadcaster 9Live, which broadcasts phone-in quiz programmes, had asked the BayVGH to conduct a judicial review of the LMA's competition rules. In addition, 9Live had submitted an urgent application for all, or in the alternative, some of the rules to be withdrawn pending the outcome of the judicial...

IRIS 2009-9:1/3 Committee of Ministers: Measures to Protect Children against Harmful Content

On 8 July 2009, the Committee of Ministers of the Council of Europe adopted Recommendation 5 (2009) on measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment. In the Recommendation, the Committee first states that the protection of freedom of expression in the information and communications environment by ensuring a coherent level of protection for minors against harmful content is a priority for the Council of Europe. Content like online pornography, the glorification of violence, discriminatory...

IRIS 2009-8:1/29 [RU] Draft Law on the Protection of Minors against Information Detrimental to their Health and Development

On 24 June 2009 the State Duma (parliament) adopted at the first reading the bill «О защите детей от информации, причиняющей вред их здоровью и развитию» (On the Protection of Minors against Information Detrimental to their Health and Development). The proposed federal statute shall regulate “products of the mass media, printed materials, movies, TV and video films, electronic and computer games, other audiovisual products on any material object, including those disseminated in public performances and on the information telecommunication networks of general access (including Internet and mobile...

IRIS 2009-8:1/24 [MT] The Right to a Fair and Public Trial in Administrative Broadcasting Proceedings

On 11 May 2009, the Civil Court, First Hall, decided that the Malta Broadcasting Authority had not, when hearing a charge issued by the Chief Executive of the said Authority against the public service broadcaster, given the latter a fair hearing during administrative proceedings. This court case involved the first instance of application by the Authority in 2000 of the then new law which changed the procedure as to the enforcement of broadcasting legislation from one based on criminal proceedings to one based on administrative proceedings. The facts of the case are as follows. On 21 March 2000,...