EU court rules cultural policy justifies restrictions on Belgian cable operators

[Harold Schiffman]

AFX News Limited
EU court rules cultural policy justifies restrictions on Belgian cable operators
12.13.07, 5:20 AM ET

BRUSSELS (Thomson Financial) - The European Court of Justice (ECJ),
the EU's highest court, has ruled cable operators that broadcast in
the bi-lingual region of Brussels must guarantee Belgian citizens
access to television networks in their own language.
The decision overrides the cable operators' complaint that this
requirement restricts their freedom to provide services. National
legislation requires cable operators UPC, Coditel Brabant SPRL ,
Brutele and Wolu TV ASBL to broadcast television programmes
transmitted by certain broadcasters falling under the French and
Flemish Communities.

But the broadcasters argue the measure reduces the freedom to provide
services by reducing the number of available channels and by exempting
broadcasters with so-called must-carry status from negotiations with
the cable operators. Although the ECJ recognises legislation on this
matter could hinder the provision of free services, it argues such a
regime constitutes 'an appropriate means of achieving the cultural
objective pursued' in the Brussels region.

'It guarantees television viewers that they will not be deprived of
access, in their own language, to local and national news as well as
to programmes which are representative of their culture', the court
said.

It also noted that a cultural policy can justify a restriction on the
freedom to provide services.



http://www.forbes.com/afxnewslimited/feeds/afx/2007/12/13/afx4435081.html


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