![]() ![]() Recital 48 in the preamble to the Directive states: In connection with the last mentioned provision, this reference for a preliminary ruling raises the question of reconciling requirements relating to the protection of various fundamental rights, namely the freedom to conduct a business and the right to property on the one hand, and the freedom to receive information and media pluralism on the other. To this end, broadcasters are allowed access to the signal emitted by the body that holds the exclusive transmission rights in order to enable them to choose the short extracts that will make up their news reports.Īrticle 15(6) of the Directive lays down the rule that where, in the implementation of the right thus granted to broadcasters, compensation is provided for, it may not exceed the additional costs directly incurred in providing access to short extracts. ![]() This reference for a preliminary ruling requests the Court to evaluate the conformity with fundamental rights, in this case, the freedom to conduct a business and the right to property, of Article 15(6) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive). ( 2)Īrticle 15 of the Directive confers on broadcasters the right to make short news reports on events of high interest to the public which are transmitted on an exclusive basis by a television broadcasting organisation. ‛Directive 2010/13/EU - Right of television broadcasting organisations to access, for short news reports, to events of high interest to the public that are subject to exclusive transmission rights - Limitation of compensation to additional costs occasioned by the provision of such access - Compatibility with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union - Proportionality’ (Reference for a preliminary ruling from the Bundeskommunikationssenat (Austria)) Reference for a preliminary ruling: Bundeskommunikationssenat - Austria.ĭirective 2010/13/EU - Provision of audiovisual media services - Article 15(6) -Validity - Events of high interest to the public that are subject to exclusive broadcasting rights - Right of access of broadcasters to such events for the purpose of making short news reports - Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access - Charter of Fundamental Rights of the European Union - Articles 16 and 17 - Proportionality. Sky Österreich GmbH v Österreichischer Rundfunk. Opinion of Mr Advocate General Bot delivered on 12 June 2012. # Directive 2010/13/EU - Provision of audiovisual media services - Article 15(6) -Validity - Events of high interest to the public that are subject to exclusive broadcasting rights - Right of access of broadcasters to such events for the purpose of making short news reports - Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access - Charter of Fundamental Rights of the European Union - Articles 16 and 17 - Proportionality. ![]() ![]() # Reference for a preliminary ruling: Bundeskommunikationssenat - Austria. # Sky Österreich GmbH v Österreichischer Rundfunk. ![]()
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