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IRIS 2004-1:1/20 [DE] Structural Paper on the Distinction Between Media Services and Broadcasting

At its meeting on 6 November 2003, the Direktorenkonferenz der Landesmedienanstalten (Conference of Regional Media Authority Directors - DLM) adopted a structural paper on the distinction between broadcasting and media services. This distinction is relevant under German youth media protection law to the permissibility of the transmission of pornography (see IRIS 2003-10:6). According to the recently published paper, the categorisation of a service as broadcasting does not depend on the electronic means of its transmission. Rather, the determining factor is the relevance of the content to the formation...

IRIS 2004-1:1/12 [AT] Erotic Channel Guilty of Serious Breaches

In a decision of 5 November 2003, the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria), ruled that X-Gate Multimedia Broadcasting GmbH had breached Article 32 paras. 2 and 3 of the Privatfernsehgesetz (Private Television Act - PrTV-G) through its operation of the satellite TV channel TV6. According to Art. 32 para. 2 PrTV-G, steps must be taken, either involving the time of broadcast or other measures, to ensure that minors cannot normally watch television programmes that may harm their physical, psychological or moral development. Under Art. 32 para. 3 PrTV-G, the...

IRIS 2004-1:1/10 European Commission: Communication on the Future of European Regulatory Audiovisual Policy

On 15 December 2003 the European Commission adopted a Communication which sets out a roadmap for future EU regulatory action in the audiovisual sector. The Communication presents the results of the public consultation relating to the review of the "Television without Frontiers" Directive, launched at the beginning of 2003 (see IRIS 2003-2: 5), and on the basis of these results proposes a number of short and medium term initiatives. The Commission has concluded that the current situation of the market does not require at present a revision of the Directive. However, it believes that in the medium...

IRIS 2003-10:1/30 [DE] Age Verification System Standards for Youth Protection

The Kommission für Jugendmedienschutz (Commission for Youth Protection in the Media - KJM) has laid down standards for age verification systems designed to protect minors in the telemedia sector in accordance with the rules contained in the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on Youth Protection in the Media - JMStV). Under Article 4 JMStV, the broadcasting of pornography is totally forbidden. However, pornography is admissible in telemedia if the provider ensures that it can only be accessed by adults (restricted user group). Under the youth protection reforms carried out...

IRIS 2003-10:1/18 [CY] New Film Classification Regulations Approved

In June 2003, the House of Representatives approved Regulations issued under Section 12 of the Law 238 (I) of 2002 on Film Classification. The main feature of the new Regulations is the introduction of a new classification system, consisting of five categories, based on criteria of language, sex and violence. The categories are as following: 1. Category (K) ­ Suitable for all audiences. 2. Category (12) ­ Not suitable for viewing by persons under the age of 12 3. Category (15) ­ Not suitable for viewing by persons under the age of 15 4. Category (18) ­ Not suitable for viewing by persons under...