the eu audiovisual media services directive and its ... · project avms-directive member state:...

Member State: Belgium

Decree concerning radio broadcast and television

The EU Audiovisual Media Services Directive

and its transposition into national law –

a comparative study of the 27 Member States

www.medialaw.lu

Important Notice

This text is an unofficial translation conducted at the University of Luxembourg in the

framework of a research project on the transposition of the ―Audiovisual Media

Services Directive‖ in the Member States of the European Union.

The original legal acts which Member States notified to the European Commission as

national execution measures were retrieved from official national databases. In order

to focus on the core of the research project, several national legal acts have been

shortened to include only those provisions of relevance for the study. Subsequently,

the modified acts were translated by a translation agency external to the university.

The translations only serve the purpose of being an information source; there is no

guarantee whatsoever that the translations correctly correspond to the original

versions of the laws. Therefore, evidently, the texts have no legal value. The original,

as well as the translated version of the legal acts, are available at: www.medialaw.lu,

where additional information on the comparative study may be found.

http://www.medialaw.lu/

http://www.medialaw.lu/

Project AVMS-Directive www.medialaw.lu Member State: Belgium - 2 - University of Luxembourg

Member State: Belgium

Flemish Speaking Community

Decree concerning radio broadcast and television of 27 March 2009

of the Flemish Community

Official Journal: Staatsblad, number: N.151

The Flemish Parliament has adopted and we, the Authority, ratify the following: decree

concerning radio broadcast and television

Part 1. — General provisions and definitions

Article 1. This decree regulates community and regional government affairs. It converts the

provisions of directive 2007/65/EG of the European Parliament and the Council of 11

December 2007 to directive amendment 89/552/EEG of the Council on the coordination of

certain provisions laid down by law, regulation or administrative action in the Member States

concerning execution of television broadcasting activities.

Art. 2. In this decree the following is understood:

1. application program interface, abbreviation API: software interface between external

applications, that are made available by broadcasting organisations, service providers or

network operators, and the resources for digital television and radio broadcast in the

advanced digital terminal equipment;

2. broadband television programme: programme that has been entirely or partially

produced and edited in order to be presented in a full-screen format. The 16:9 format applies

as a frame of reference for broadband programmes;

3. public service messages:

a) each message concerning their policy, which originates from governments or public

institutions, associations or government companies that have a majority of government

representatives in the board of directors have a public service task to fulfil that is not

performed by the private sector, and which are authorised for and wholly or partially address

the Flemish Community or the Dutch-speaking population of the bilingual area of Brussels

Capital, irrespective of the form and irrespective of the payment of payments procedure;

b) each message concerning their task of general interest that originates from social

humanitarian associations or from associations corresponding to the domain of general

wellbeing, irrespective of the form and irrespective of the payment or the payments

procedure;

c) each message that originates from cultural associations recognised or subsidised by

public committees, and that serves to make their cultural activities known to the public,

irrespective of the form and irrespective of the payment or payment procedure;


4. collective antenna for the purpose of a closed user group: an installation for receiving

radio and television broadcast signals, to which various end reception devices are connected

and for the use of this – outside the user’s share in the actual cost resulting from installing,

operating and maintaining the installation – no subscription charges are required;

5. commercial communication: images or sounds that serves to promote – directly or

indirectly – the goods, the services or the image of a natural person or legal person who

performs an economic activity. Such images or sounds accompany are part of a programme,

for a payment or similar compensation or for self-promotion. Forms of commercial

communication include among others advertising, sponsoring, teleshopping and product

placement;

6. competition: a series of competitions of a group club with which each club must play

against other clubs or with which two clubs must play each other every time, with which the

loser is eliminated;

7. service provider: each legal person who provides one or more broadcast services to the

public by means of electronic communication networks;

8. electronic communication networks: the transmission systems and, if appropriate, the

switch and routing device and other means that make it possible to transfer radio and

television broadcast signals via cable, radio waves, optic or other electromagnetic means, to

the extent that they are used for transferring radio and television broadcast signals, including

satellite broadcast networks, fixed (circuit and packet switched, including internet) and mobile

networks, electricity grids, ether broadcast networks and cable broadcast networks;

9. electronic communication service: a service normally offered for a charge that wholly or

principally consists in transmitting – including switch and routing operations – radio and

television broadcast signals via electronic communication networks;

10. ether broadcast network: electronic communication network for which radio and

television signals are transmitted in the entire Flemish Community or a part of this;

11. European production:

a) the following productions:

1) productions originating from Member States of the European Community;

2) productions originating from third-party European states that are party to the European

Treaty regarding transnational television of the Council of Europe, and which comply with the

conditions specified in point b);

2) co-productions that have been produced within the framework of agreements made

between the European Community and third-party countries relating to the audio-visual

sector, and which comply with conditions of the agreements concerned. A condition for the

application of points 2) and 3) is that productions originating from Member States are not

affected by discriminatory measures in the third-party country concerned;

b) the productions, specified in point a), 1) and a), 2) are productions that have principally

been created with the assistance of producers and employees residing in one or more of the

states specified in point a), 1) and a), 2), and which comply with one of the following three

conditions:

1) the productions have been created by one or more of the producers based in one or more

of these states;


2) the production of this occurs under the supervision and the actual monitoring of one or

more of the producers based in one or more these states;

3) the contribution of the co-producers from these states in the total costs of the co-

production is crucial and the co-production is not under the control of producers based

outside these states;

c) productions that are not European productions as specified in a), but are produced within

the framework of bilateral co-production agreements made between the Member States and

third-party countries, are considered as European productions provided that the co-

producers from the European Community have a majority share in the total production costs

and the production is not under the control of one or more producers based outside the

Member States;

12. event: an event accessible to the public. The event forms a complete whole with a

natural beginning and end. If an event extends over various days, each day is considered as

a separate event;

13. exclusivity holder: each broadcasting organisation under the jurisdiction of the Flemish

Community, another community or another Member State of the European Union that has

acquired exclusive broadcasting rights for events for the Flemish Community;

14. advanced digital terminal equipment: set-top boxes and integrated digital television

sets for receiving digital interactive programmes;

15. adolescent: a person between the ages of twelve and sixteen years;

16. cable broadcast network: electronic communication network through radio and

television signals are transmitted, whether or not coded form, through any type of cable to

third parties;

17. framework decree of 18 July 2003: the framework decree Administrative Policy of 18

July 2003;

18. child: a person under the age of twelve years;

19. children’s programme: a programme that is principally aimed at children, which is

evident from among other things the content, the time of broadcast, the style, the

presentation and the manner of announcement;

20. linear radio service: a linear aural broadcast service that is a broadcast service offered

by a broadcasting organisation for simultaneously listening to aural programmes based a

programme schedule;

21. linear radio service: a linear audio-visual broadcast service that is a broadcast service

offered by a broadcasting organisation for simultaneously viewing audio-visual programmes

based a programme schedule;

22. network operator: the provider of an electronic communication network. Providing is

understood as constructing, exploiting, controlling and making available an electronic

communication network;

23. non-linear radio service: a non-linear aural broadcasting service or aural service on

demand, which is a broadcasting service offered by a broadcasting organisation that offers

the user the opportunity to listen to aural programmes by individual request and at a time

chosen by him/her, based on a programme catalogue selected by the broadcasting

organisation;


24. non-linear radio service: a non-linear radio audio-visual broadcasting service or audio-

visual service on demand, which is a broadcasting service offered by a broadcasting

organisation that offers the user the opportunity to view audio-visual programmes by

individual request and at a time chosen by him/her, based on a programme catalogue

selected by the broadcasting organisation;

25. broadcast activity: each activity that consists of making moving images available, with

or without sound, or of making available a series of sounds or noises intended for the general

public or a section of it, through electronic communication networks. Broadcast activity is

also referred to as radio and television broadcasting;

26. broadcasting service;

a) a service as specified in Articles 49 and 50 of the treaty establishing the European

Community, which falls under the editorial responsibility of the provider of the service, with

the principal aim being delivering to the general public audio-visual or aural programmes for

information, entertainment, education or of a cultural nature, through electronic

communication networks; and/or

b) the commercial communication;

27. broadcasting organisation: the natural person or the legal person who bears the editorial

responsibility for the choice of content of the broadcasting service, and who determines how

this is organised;

28. broadcast programming: the programmes as a whole and all additional concurrent

information that is offered by a broadcasting organisation based on a programme schedule

under a title or brand;

29. organiser:

a) the person or association that organises an event;

b) the holder of the exploitation rights to the event;

30. product placement: any form of audio-visual commercial communication that consists in

recording or referring to a product or service or a corresponding trade mark with reference to

a television programme;

31. programme: a series of moving images, with or without sound, or a series of sounds or

noises, which forms a separate element of a schedule or catalogue compiled by a

broadcasting organisation; examples of programmes are cinematic films, sporting events,

comedy series, documentaries, children’s programmes and original drama;

32. programming: the programmes offered as a whole;

33. radio service: an aural broadcasting service;

34. radio broadcasting organisation: a radio service provider;

35. advertisement: the audio-visual or aural message from a public or private enterprise or

natural person – in whichever form – concerning execution of a commercial, industrial,

artisanal or professional activity, that for a payment, similar compensation or also for self-

promotion is transmitted in a linear broadcasting service;

36. editorial charter: a written frame of reference in which the mutual relationships are

established between editorial staff, chief editor and directors. It guarantees the independent

operation of the editorial staff with regard to the broadcasting organisation;


37. editorial responsibility: the execution of effective monitoring of the choice of

programmes and the organisation of these in either a chronological schedule in the case of

linear television and radio services, or a catalogue in the case of non-linear television and

radio services;

38. directive on audio-visual media services: directive 89/552/EEG of 3 October 1989 of

the European Parliament and the Council on the coordination of certain provisions laid down

by law, regulation or administrative action in Member States concerning the provision of

audio-visual media services, and the subsequent amendments to this;

39. satellite broadcasting network: electronic communication network through which radio

and television signals are transmitted in digital form, whether or not coded, via satellite to

third parties;

40. secondary linear broadcasting organisation: the broadcasting of the Flemish

Community or any linear broadcasting organisation that has not acquired exclusive

broadcasting rights for the Flemish Community, if exclusive broadcasting rights have been

granted for the event;

41. sponsoring: any contribution from a public or private enterprise, a government of natural

person who is not engaged in providing broadcasting services or programmes with the aim of

giving his or her name, trade mark, image, activities or products further prominence;

42. system for conditional access: any technical measure or arrangement with which

access to a protected radio or television broadcast in understandable form is granted

depending on a subscription or other form of individual advance authorisation;

43. television service: an audio-visual broadcasting service;

44. television broadcasting organisation: a television services providers;

45. teleshopping: direct offers to the public that are broadcast in return for payment with a

view to the supply goods or services, including immovable property, rights and obligations;

46. self-promotion: a broadcasting service recommending its own products, services,

programmes or channels;

47. broadcasting equipment: any equipment that is partially or wholly intended for

transmitting radio and television broadcast signals wirelessly to the public;

48. broadcasting licence: licence for the use of any equipment that is intended for

transmitting radio and television broadcast signals wirelessly to the public;

49. independent producer: the producer:

a) whose legal personality is different from that of a broadcasting organisation;

b) who either directly or indirectly possesses more than 15 per cent of the capital of a

Flemish broadcasting organisation;

c) the capital of which is no more than 15 per cent-owned by a company that directly or

indirectly possesses more than 15 per cent of the capital of a Flemish broadcasting

organisation;

50. teletext: analogue text-based service that is rendered in images and transmitted along

with the linear broadcast signal under the editorial responsibility of a broadcast services

provider, and the digital version of this service;


51. aural subtitling: an aural representation of the subtitling with non-Dutch language films

and dialogue;

52. audio-description: a technique for make audio-visual productions such as film and

television programmes accessible for the blind and visually impaired. A voice-over describes

the visual elements;

53. subtitling: a textual version of the dialogue that is displayed on the screen or can be

requested;

54. sign language: a visual/manual language, in which terms and concept are presented by

means of gestures in a three-dimensional signing space.

Heading X. — Television programmes by ideological groups and radio

programmes by ideological and socio-economic groups

Art. 35. § 1. Ideological groups that are recognised as such by the Flemish Authority are

given the opportunity to produce television programmes. The ideological groups specified in

paragraph 1 are non-commercial groups whose aim is to produce programmes that have

been directly created for providing the opinions of representative ideological currents.

§ 2. The Flemish Authority recognises the ideological groups that correspond to the most

representative ideological currents in Flanders.

§ 3. The Flemish Authority determines the conditions, the duration and the procedure of

recognition.

The recognition of an ideological group that has been rejected due to the content of a

programme it has produced on the grounds of the act of 30 July 1981 punishing certain acts

inspired by racism or xenophobia, legally expires;

§ 4. The Flemish Authority determines annually the transmission time of each recognised

ideological group. The total transmission time of the recognised ideological group amounts to

a maximum of fifty hours per year. The Flemish Authority may allow this transmission to rise

proportionately with the recognition of new groups.

§ 5. The recognised ideological groups have the right to a subsidy, the cost of which is paid

directly by the Flemish Community budget. This subsidy covers the costs of the group,

including the technical costs. They are paid directly to the group in question, in the manner

determined by the Flemish Authority. The Flemish Authority determines annually the amount

that is allocated to each recognised ideological group.

§ 6. The VRT (Flemish Public Broadcaster) makes technical staff and technical equipment

available – in accordance with the provisions agreed with the recognised ideological group –

for a fee under market conditions;

§ 7. The delegated manager determines, on the basis of the requirements of the VRT’s

television programme broadcast schedule, the scheduling of the recognised ideological

groups’ programmes, taking into consideration § 4.


Art. 36. § 1. The Flemish Authority indicates, after the delegated manager has made a

motivated statement on this, the ideological and socio-economic groups to which recognition

is given to produce radio programmes. The ideological groups specified in paragraph 1 are

non-commercial groups whose aim is to produce programmes that have been directly

created for providing the opinions of representative ideological currents.

§ 2. The Flemish Authority determines the conditions, the duration and the procedure of

recognition.

The recognition of an ideological group that has been rejected due to the content of a

programme it has produced on the grounds of the act of 30 July 1981 punishing certain acts

inspired by racism or xenophobia, legally expires;

§ 3. The Flemish Authority determines annually the transmission time of each recognised

ideological group. The total transmission time of the recognised ideological group amounts to

a maximum of 72.30 hours per year The Flemish Authority may allow this transmission to

rise proportionately with the recognition of new groups.

§ 4. The delegated manager determines, on the basis of the requirements of the VRT’s radio

programme broadcast schedule, the scheduling of the recognised ideological groups’

programmes.

The recognised ideological groups have the right to a subsidy, the cost of which is paid

directly by the Flemish Community budget. This subsidy covers the costs of the group,

including the technical costs. They are paid directly to the group in question, in the manner

determined by the Flemish Authority. The Flemish Authority determines annually the amount

that is allocated to each recognised ideological group.

The VRT makes technical staff and technical equipment available – in accordance with the

provisions agreed with the recognised ideological group – for a fee under market conditions;

§ 5. In the two-month period preceding the municipal, provincial, legislative and European

elections, the programmes of the recognised groups – with the exception of ideological

groups – are postponed.

Part III. — Radio and television broadcasting

Heading I. — Provisions for broadcast activities

Art. 37. The freedom of expression is guaranteed for broadcast activities. The broadcast

activities are free and – under the condition of what has been determined for broadcast

services – cannot subject to any formal requirement or preliminary control.

Art. 38. Broadcast activities cannot incite hate or violence.


Heading II. — Provisions for broadcast services

Chapter I. — General provisions

Art. 39. Any form of discrimination in the programmes is prohibited. The programming runs in

such a way that it does not result in any discrimination between the various ideological or

philosophical tendencies.

The information programmes, the reports and the programmes of a general informative

nature, and all informative programme components are produced in a spirit of political and

ideological impartiality.

This Article also applies to teletext.

Art. 40. Broadcast services providers make the following information easily, directly and

permanently available to the viewers and listeners:

1st the name of the broadcast services provider;

2nd the geographical address where the broadcast services provider is based;

3rd further details of the broadcast services provider, including its e-mail or web address, so

that it can be reached quickly, directly and effectively;

4th to the extent applicable, the authorised regulatory or supervisory bodies.

Chapter II. — Specific provisions for protecting minors when watching linear

and non-linear television services

Art. 41. The provisions of this chapter are also applicable to teletext.

Art. 42. Linear television broadcasting organisations may not transmit programmes that could

serious affect the physical, mental or moral development of minors, namely programmes in

which pornographic scenes or images needless violence occur.

This provision also applies for other programmes that could damage the physical, mental or

moral development of minors, unless by the time of transmission or through technical

measures it is guaranteed that minors within the service area or broadcast area will normally

not see or hear the transmissions.

If such programmes are transmitted uncoded, they must preceded by an acoustic warning or

they must recognisable through a visual symbol throughout the entire broadcast.

The provisions of the first and the second paragraph also apply to announcements of

programmes that are transmitted by linear television broadcasting organisations.

Art. 43. The Flemish Authority can impose rules on linear television broadcasting

organisations and non-linear television services for announcing certain images and signalling


when presenting programmes that might influence children and adolescents, whereby it is

indicated for which age group they are suitable.

Art. 44. The Flemish Media Regulator can oblige the service provider or the network operator

to temporarily postpone the transmission of a programme of a linear television broadcasting

organisation if it constitutes a clear, significant and serious infringement on the provisions of

Article 38 and Article 42, first and second paragraph, and if the linear television broadcasting

organisation in question has already at least twice committed an infringement on these

provisions in the preceding twelve months, on which the Flemish Media Regulator has made

a pronouncement.

The Flemish Media Regulator informs the linear television broadcasting organisation

beforehand in writing of the infringements it of which it is accused, and the intention to

impose restrictions on transmission if such an infringement is again committed.

If it involves a linear television broadcasting organisation from another Member State of the

European Union, the Flemish Media Regulator informs the European Commission in writing

of the infringements committed and the intention to impose restrictions on transmission id

such an infringement is again committed.

If within a period of fifteen calendar days, to be calculated as from the notification,

consultation with the European Commission and the Member State of the European Union

from which the broadcast was made has not led to an amicable settlement and the

infringement committed continues, provisional suspension is effective.

Art. 45. Non-linear television broadcasting organisations make the on-demand services

provided by them that could harm the physical, mental or moral development of minors

available in such a way that minors are not normally able to see or hear such on-demand

television services.

Chapter III. — Messages of general use

Art. 46. Broadcasting organisations are authorised to transmit public service messages, with

the full application of the provisions in this decree.

The public service messages are clearly recognisable and are distinct from the programmes.

In a television programme, they are preceded and followed by a suitable announcement that

it is a public service message. On a radio channel they are preceded and followed by means

of aural signal distinct from the normal programming.

Public service messages originating from social and humanitarian associations or from

associations corresponding to the domain of general wellbeing, may not be aimed directly or

indirectly at the commercial promotion of individual products or services, or the commercial

promotion of membership of such associations.


Chapter IV. — Commercial communication

Section I — Use of commercial communication

Art. 47. The provisions of this section are also applicable to teletext.

Art. 48. With application of Article 37, broadcasting organisations are free in any manner to

transmit, record, utilise and conduct commercial communication, with the exception of the

restrictions and obligations specified in this decree.

Art. 49. It is permitted to make commercial communication available for a payment to political

representatives or candidates and to political parties during the pre-election period, provided

that the legislation regarding the election spending is observed.

Art. 50. It is not permitted for the Flemish Community broadcasting organisation to transmit

advertisements, with the exception of radio advertisements and advertisements directed at

self-promotion.

The television broadcasting organisation of the Flemish Community is not permitted to allow

its children’s programmes to be sponsored and to use product placement in its children’s

programmes.

It is not permitted for the broadcasting organisation of the Flemish Community to transmit

commercial communication via teletext.

Section II. — Basic rules of commercial communication


Art. 52. The broadcast services providers may not transmit any commercial communication

that conflicts with legal provisions.

They may furthermore not transmit commercial communication that is not in accordance with

the principles of protecting privacy, the fair treatment of the consumer and fair reporting.

Art. 53. Commercial communication must be easily recognisable as such.

Art. 54. Surreptitious advertising is prohibited.

Surreptitious – as specified in the first paragraph – is understood to mean commercial

communication consisting of announcing or demonstrating goods, services, name, trade

mark or activities of a producer of goods of a provider of services in programmes, if the

broadcasting organisation strives create advertising and the public can be misled regarding


the nature of the announcement of demonstration. This intention is considered present

namely if the announcement or the demonstration of occurs in return for a payment or similar

compensation.

Art. 55. Commercial communication cannot be created in such a way that it:

1st harms human dignity;

2nd contains or promotes any form of discrimination on the grounds of sex, race or ethnic

origins, nationality, religion or ideology, disability, age or sexuality;

3rd incites violence, racist or xenophobic behaviour.

Art 56. Commercial communication may not contain any elements with offensive or

disapproving comments regarding religious, philosophical or political convictions.

Art. 57. Commercial communication may not discredit those who do not use or consume a

specific product or a specific service.

Art. 58. Commercial communication may not portray persons in their personal or social

capacity or refer to them without their prior permission.

Commercial communication may not without prior permission depict personal properties or

refer to them in a manner that leads to the supposition that the party involved in this has

approved. With images of or references to personal properties, no permission is required for

that which belongs to part of the streetscape. However, permission is required for intentional

and explicit references.

Art. 59. Commercial communication may contain no elements that exploit feelings of anxiety.

Art. 60. § 1. Commercial communication may contain elements the intention of which is to

mislead the consumer in the field of:

1st the characteristics of the goods or services, such as availability, nature, implementation,

composition, process and date of manufacture or delivery, suitability for the use, the

possibilities of use, quantity, specification, geographical or commercial origin or the expected

results of use, or the results and essential outcomes of research on the goods or services;

2nd the price or the manner of price calculation, as well as the conditions under which the

goods are delivered or the services are performed;

3rd the authority, qualifications and rights of the advertiser, as well as his/her identity and

capacity, competence and industrial, commercial or intellectual property rights or his/her

awards and honours.

§ 2. Misleading commercial communication is understood to mean any form of advertisement

that in whichever way, including its form, misleads or can mislead persons to whom it is

directed or whom it reaches, and which through its misleading character can influence their

economic behaviour or which for these reasons harms or can harm a competitor.


Art. 61. Commercial communication may not make use of scientific and technical

publications in an inaccurate or misleading manner. Scientific and technical terms may not

be misused in order to provide specification claims with a pseudo-scientific basis.

Art. 62. Commercial communication may not encourage behaviour that is detrimental to

health or to safety, or is highly harmful to the environment.

Commercial communication may not contain elements that can lead to the viewer or listener

being misled concerning environmental effects.

Commercial communication may not contain indications or suggestions through which the

risk to health and safety of consumers and that of third parties is minimised.

Art. 63. The declarations, testimonials and recommendations utilised in commercial

communication must be authentic, may not be presented out of context and may not out-

dated. The use of declarations, testimonials and recommendations is only permitted if the

originator gives his/her permission.

Section III. — Commercial communication concerning specific products


Art. 65. Commercial communication concerning cigarettes and other tobacco products is not

permitted.

Art. 66. Commercial communication concerning medications for human use and medical

treatments for human use that are only obtainable by doctor’s prescription is not permitted.

Art. 67. Commercial communication concerning weapons is not permitted.

Art. 68. Commercial communication concerning alcoholic drinks must comply with the

following criteria:

1st it is not specifically aimed at minors and in particular does not depict any minors

consuming this type of drink;

2nd it does not make any connection between alcohol consumption and an improvement in

physical performance or driving motor vehicles;

3rd it does not give the impression that alcoholic consumption contributes to social and sexual

successes;


4th there is no suggestion that alcoholic drinks possess therapeutic qualities or have a

stimulating, calming or tension-reducing effect;

5th it does not encourage excessive alcohol consumption, or does not place abstinence or

moderate alcohol consumption in a negative light;

6th it does not place emphasis on the high alcohol content of drinks as a positive feature.

Art. 69. Commercial communication concerning confectionary containing sugar must display

a stylised image of a toothbrush in a clear and contrasting way during the entire transmission

of the commercial communication, to a ratio of one tenth of the height of the film image,

presented proportionately as described below.

Section IV. — Commercial communication that is aimed at minors, adolescents and

children


Art. 71. Commercial communication that is aimed at children and adolescents must be

clearly recognisable as such to them.

Art. 72. Commercial communication may cause no moral or physical harm to minors.

They may therefore not do the following:

1st directly incite minors to purchase or hire a product or service by profiting from their

inexperience or naivety;

2nd directly incite minors to persuade their parents or others to purchase the recommended

goods or services;

3rd depict minors in dangerous situations without reasonable grounds;

4th profit from the special trust that minors place with parents, teachers or other persons.

Art. 73. § 1. Commercial communication for children and adolescents must be produced with

the necessary sense of social responsibility, so that they do not undermine positive social

behaviour, lifestyles and attitudes.

§2. Commercial communication for children may not portray, trivialise, tolerate, idealise or

encourage violence, and neither depict or encourage illegal, antisocial or reprehensible

behaviour.

§ 3. Commercial communication for children and adolescents may undermine the authority,

the responsibility or the judgement of parents or guardians, taking the predominant social

and cultural values into consideration.


§ 4. Commercial communication concerning toys that resemble weapons is not permitted.

Art. 74. § 1. Commercial communication for children and adolescents must foster respect for

the dignity of children and adolescents and may not depict children and adolescents in such

a way that their physical or moral integrity is harmed or placed in danger.

§ 2. Commercial communication may evoke any feelings of anxiety or unease among

children and adolescents.

§3. Commercial communication for children and adolescents may contain no texts or visual

representations that can mentally, morally or physically harm children and adolescents, or

that incites them to behave in a dangerous way or to enter unsafe situations that could

seriously harm their health or safety, or justify that sort of behaviour.

§4. Commercial communication may not discourage children and adolescents from following

the established rules of safety. In relation to this, special attention must be given to, among

other things:

1st traffic safety with children and adolescents as pedestrians, riding bicycles or as

passengers;

2nd domestic situations;

3rd medicines and chemical products;

4th dangerous equipment, fire, matches;

5th playing in or by water.

Art. 75. § 1. Commercial communication for children must correctly describe the possibilities

and qualities of the product that is portrayed in the commercial communication, so that

children are definitely not misled over one of these features.

§ 2. Commercial communication mat not mislead children over:

1st the characteristics, the dimensions, the value, the nature, the lifespan or the performance

of the product;

2nd the results attainable with the product;

3rd the effects on health;

4th the ease of use or the age that is required for using the product. The use of fantasy –

including animation – is permitted in commercial communication for children, but it must be

ensured that the fantasy and the animation does not mislead them over the product in

question.

Art. 76. Commercial communication for children may not claim that possessing or using a

certain product offers advantages with regard to other children, nor that not possessing a

certain product leads to the opposite effect. The commercial communication may not claim

that children who do not possess the product are inferior or unpopular.

Commercial communication for children may not minimise the price of the product offered,

nor suggest that the product offered is within the possibilities of any family budget.


Art. 77. Commercial communication for children and adolescents may not encourage or

condone the immoderate consumption of foods or drinks that contain substances the

excessive consumption of which is not recommended, such as trans fats, salt or sodium and

sugars.

Section V. — Specific forms of commercial communication

Subsection I. — Television advertising and teleshopping

Art. 78. The provisions of this subsection are applicable to the linear television services.

Art. 79. § 1. Television advertising, with the exception of self-promotion, and teleshopping

must be clearly recognisable and it must be distinguishable from the editorial content.

Without infringing on the use of advertising techniques, advertising and teleshopping must be

separated other section so of the programme by visual and/or acoustic and/or spatial means.

The provisions of this paragraph are also applicable to teletext.

§ 2. Separate advertising and teleshopping spots are an exception. A separate advertising or

teleshopping spot is permitted for every television broadcast schedule per day.

Besides this, separate advertising and teleshopping spots are permitted:

1st in sports events transmissions;

2nd if a lengthy spot is transmitted of at least two minutes;

3rd if a broadcasting organisation has not succeeded in selling more than advertising or

teleshopping spot for a specific advertising block, due to a lack of client interest.

§ 3. Contrary to paragraph 2, for television broadcasting organisations that broadcast in loop

a special advertising and teleshopping spot is permitted per loop instead of per day.

Art. 80. Television programmes may be interrupted for advertising or teleshopping, on the

understanding that this does not damage the integrity and the value of the programmes,

taking into account the natural breaks in and the duration and nature of the programme, and

that there is no infringement to the rights of the rights holders.

Transmissions of children’s programmes, religious ceremonies, religious and ideological

programmes and news programmes may not be interrupted for advertisements and

teleshopping.

Teletext pages that are aimed at children, or which are related to religious and ideological

themes or to news may not contain advertisements or teleshopping.

Art. 81. § 1. Transmissions of television films, cinematographic productions and news

programmes may be interrupted for advertising and/or teleshopping once per scheduled time

slot of at least thirty minutes.


§ 2. The share of television adverting and teleshopping may not amount to more than 20 per

cent per clock hour.

§ 3. For calculating the percentage, specified in paragraph 2, a clock hour consists of a

period of sixty consecutive minutes and the clock hour in principle starts with minute 0 and

ends with minute 59.

If a linear television broadcasting organisation wishes to start the hour at a time other than

the minute 0, it will inform the Flemish Media Regulator prior to the start of the programme of

the time at which the clock hours will start for calculating the limits specified in the first

paragraph.

The provisions of paragraph 2 are not applicable to linear television broadcasting

organisations’ messages concerning their own programmes and supporting product derived

directly from these, to sponsorship messages and to product placement.

§ 4. The public broadcasting organisation of the Flemish Community and the providers of

linear broadcasting services will inform the Flemish Media Regulator of which public service

messages they transmit for free.

§ 5. The regional and private linear television broadcasting organisations may transmit

advertorials that are not taken into account when calculating the percentages specified in §2

of this Article, provided that these advertorials are in accordance with the provisions of this

chapter.

Advertorials include commercial communication that lasts a greater amount of time than

advertisement spots because there is an emphasis on editorial and informative content.

Art. 82. § 1. The linear television broadcasting organisations can transmit teleshopping

programmes under the following conditions:

1st teleshopping programmes are clearly made known as such by visual and acoustic means.

2nd teleshopping programmes last a minimum of fifteen minutes without interruption.

4th no teleshopping programmes are transmitted in the immediate vicinity of children’s

programmes. Immediate vicinity means within a timeframe of fifteen minutes before and after

the children’s programme.

§ 2. Article 81, 154 and 155 are not applicable to linear television broadcasting organisations

that are exclusively devoted to advertising and teleshopping and to linear television

broadcasting organisations that are exclusively devoted to self-promotion.

Art. 83. Advertisements for alcoholic drinks may not be transmitted in the advertising block

just before or just after children’s programmes.

Art. 84. Teleshopping in relation to medicines for human use for which a licence is required

put them onto the market, and teleshopping in relation to medical treatments for human use

are not permitted.

This Article is also applicable to teletext.


Subsection II. — Radio advertising

Art. 85. The provisions of this subsection are applicable to the linear radio services.

Art. 86. § 1. Radio advertising, excluding self-promotion, must be clearly recognisable and

distinguishable from editorial content. Radio advertising must be separated from the other

components of the programme by acoustic means.

§ 2. Separate advertisement spots are an exception. One special radio advertising spot is

permitted per broadcasting schedule per day.

Besides this, separate radio advertising spots are permitted:

1st in sports events transmissions;

2nd if a lengthy spot is transmitted of at least two minutes;

3rd if a broadcasting organisation has not succeeded in selling more than advertising or

teleshopping spot for a specific advertising block, due to a lack of client interest.

Art. 87. Radio programmes may be interrupted for advertising. This must take into account

the natural breaks in and the duration and nature of the programme, and there can be no

infringement on the rights of the rights holders.

Art. 89. Radio advertising for alcoholic drinks may not be transmitted in the advertising block

just before or just after children’s programmes.

Subsection III. — Sponsoring

Art. 90. The provisions of this subsection are applicable to television services and teletext,

with the exception of Article 96, which is also applicable to radio services.

Art. 91. Sponsored broadcasting services and programmes must comply with the following

conditions:

1st the content and – in the case of linear transmissions – the scheduling are never

influenced by the sponsor in such a way that this damages the responsibility and the editorial

independence of the broadcasting organisation;

2nd they do not directly encourage the purchase or hire of goods or services, in particular by

recommending goods or services;

3rd the viewers and the listeners are clearly informed of the existence of a sponsorship

agreement.

Sponsored programmes or teletext pages are clearly made known as such – by stating the

name and/or logo and/or other symbol of the sponsor such as a reference its product(s) or


service(s) or a distinguishing feature of these – at the start, during, and/or at the end of the

programme or the programme segment or teletext pages in an appropriate manner.

If the sponsors are mentioned in the announcement spots, this will occur in accordance with

the provisions in the first paragraph, 2nd and 3rd.

Art. 92. The sponsor mentions on the VRT may contain exclusively the name of the sponsor,

the trade mark, the logo, the product, the name of the product, the service or the name of the

service. Sound and image identifications of the sponsor or those linked to the sponsor are

permitted, as well as the sponsor’s image-supporting slogans or its products or services.

The sponsor mentions may be introduced exclusively at the start and at the end of the

programme or the programme component. The mention may be animated and may not

amount to longer than five seconds per sponsor and ten seconds in total. No sponsor

mentions may occur within a timeframe of five minutes before and after children’s

programmes on the television broadcasting organisations of the Flemish Community.

Sponsor mentions are permitted during sports competitions on the VRT when displaying time

recorded and showing the stand.

Art. 93. Broadcasting services and programmes may not be sponsored by companies whose

principal activity consists of the manufacture and sale of cigarettes and other tobacco

products.

Art. 94. Children’s programmes may not be sponsored by companies whose principal activity

consists of the manufacture and sale of alcoholic drinks.

Art. 95. When companies sponsor broadcasting services or programmes whose activities

include the manufacture or sale of medicines and medical treatments, the name and the

image of the company can be recommended but no specific medicine or medical treatment

may be recommended that is only available in Belgium with a doctor’s prescription.

Art. 96. News and political information programmes may not be sponsored. The same

applies for teletext pages with news and political information.

Traffic reports, weather reports and forecasts and stock market reports are not considered as

specified in the first paragraph, provided that they are clearly separate from the news

programme.

Art. 97. Mentioning or displaying the image of a sponsor is not permitted during children’s

programmes or on teletext pages that are aimed at children.


Subsection IV. — Product placement

Art. 98. The provisions of this subsection are only applicable to television services.

Art. 99. Product placement is permitted in relation to:

1st including or referring to a product or service or a corresponding trade mark for a payment.

Where appropriate, product placement is only permitted in (television) films, series, sports

programmes and light entertainment programmes, with the exception of children’s

programmes;

2nd goods or services that are provided for free, such as production aid and prices, with the

intention of including this in the programme. Where appropriate, product placement is

permitted in all types of programmes, apart from all children’s programmes from the Flemish

Community’s public broadcasting organisation. The Flemish Authority can extend this

prohibition to the children’s programmes of the other broadcasting organisations.

Art. 100. § 1. The programmes that contain product placement comply with all of the

following conditions:

1st the content and – in the case of linear transmissions – the scheduling are never

influenced by the sponsor in such a way that this damages the responsibility and the editorial

independence of the broadcasting organisation;

2nd they do not directly encourage the purchase or hire of goods or services, in particular by

recommending goods or services;

3rd the product or the service in question do not receive excessive attention;

4th if the programme in question has been produced or commissioned by the broadcasting

organisation itself or by a company linked to it, viewers are clearly informed of the presence

of product placement. The programme in question is clearly indicated as such in an

appropriate manner at the start and at the end and if it is resumed after an advertising break,

in order to prevent confusion among viewers. The Flemish Authority can determine further

rules on this.

§ 2. The conditions of paragraph 1 are applicable to programmes that have been produced

after this decree has come into effect.

Art. 101. Programmes may in no cases contain product placement for:

1st tobacco products or cigarettes or companies whose principal activity consists of the

production or sale of cigarettes and other tobacco products;

2nd specific medicines or medical treatments that are only available in Belgium on

prescription.


Chapter V. — Right of reply and right of communication

Art. 102. The provisions of this chapter are applicable to the linear and non-linear

broadcasting services and to teletext.

Section I. — Right of reply

Art. 103. Anyone has the right to information by means radio of television.

Art. 104. § 1. Anyone has a right of reply, with regard to radio and television services, that is

exercised as specified in this decree.

§ 2. Together with the application of the other legal remedies, every natural person or legal

person whose legitimate interests – namely with regard to reputation – have been damaged

by an unfair statement during the transmission of a programme on a linear or non-linear

broadcasting service, has the right to submit a request to record a reply at no cost.

The petitioner, specified in the first paragraph, can exercise the right of reply in relation to

different transmissions of a programme that are part of a series once.

It is also not necessary to record a reply if one of the person, specified in Article 106, § 1, has

voluntarily produced a satisfactory rectification or if during the broadcast already provided a

right of reply to the petitioner. If the petitioner, specified in the first paragraph, does not

consider this rectification to be satisfactory and does not comply with the conditions imposed

on the right to reply, he/she can make use of the right of reply.

§ 3. If the person, specified in § 2, first paragraph, is deceased, the right to submit a request

to record a reply free of charge is passed on to all blood relations in direct line and to the

spouse or the actual or legal co-habiting partner or, in the case of absence, to the closest

blood relations.

This right can only be exercised once and by the most prepared person among them. If the

period, specified in Article 105, is also running on the day of this person’s death, specified in

§ 2, first paragraph, the interested parties only have the remaining part of the period at their

disposal.

Art. 105. The request, specified in Article 104, is sent to the editor-in-chief of the programme

or to any person who can allow this reply to be recorded. At the petitioner’s request, the

broadcasting organisation immediately supplies the details needed in order to identify the

persons specified in the first paragraph.

§ 2. The request contains, under penalty of inadmissibility:

1st all exact information on basis of which the identity of the broadcasting organisation, the

programme in question and the information relating to the reply, can be established;

2nd the proof of compliance with all conditions as specified in Article 104;


3rd for natural persons, the identity, domicile or residence of the petitioner; for legal persons,

the name and the headquarters of the petitioner, and the capacity of the person signing the

request; for de facto associations, the name and the location of the petitioner, and the

capacity of the signing party;

4th the signature of the petitioner; or for legal persons or de facto associations, the signature

of the person who operates in their name;

5th the reply.

Art. 107. The text of the reply is made in the same language as the information that led to the

request.

The reply must be directly related to the information that led to the request.

The reply may not be insulting or conflict with the law or morality and may not, unless strictly

necessary, involve third parties.

Art. 108. The duration of the reply is limited to that is strictly necessary in order to react to the

information that led to the request. The reply must be able to be read within a maximum of

three minutes or may consist of a maximum of 45000 typographical characters.

Art. 109. § 1. If the right to reply is related to a programme of a linear broadcasting service,

the reply is included at the latest in the very next transmission of the same programme after

a period has passed of two business days – Sundays and bank holidays not included – that

commences the day on which one of the person, specified in Article 106, § 1, receives the

reply.

If no transmission of the programme is planned within fourteen calendar days after the

request was received, the reply must broadcast within this period at a transmission time

accessible to the public.

If the right of reply is related to a programme of a non-linear broadcasting service, the reply

attached to the programme in question and programme after a period has passed of two

business days – Sundays and bank holidays not included – that commences the day on

which one of the person, specified in Article 106, § 1, receives the reply.

The petitioner has in no cases access to the technical installations that are utilised by the

broadcasting organisation.

§ 2. The answer must be presented in its entirety, without insertions, in the same manner

and in circumstances that as far as possible correspond to those in which the information

that led to the request was broadcast.

§ 3. If a response or a comment is made on the reply broadcast, the person requesting the

right of reply can, in accordance with the conditions of this decree, demand a new right of

reply.

Art. 110. § 1. The rejection of a request to record a reply free of cost is sent to the petitioner

by registered post within four business days, to be calculated from the day on which the


persons specified in Article 106, § 1, received the reply, and at the latest the day on which

the broadcast should take place in accordance with Article 109.

The registered letter specified in the first paragraph states the exact reasons for this rejection

the provisions of this decree with which it does not comply.

§ 2. One of the person specified in Article 106, § 1, can formulate a counter proposal in the

same manner within the period specified in § 1.

If the petitioner does not react to the counter proposal within fifteen calendar days, it is

assumed that the latter party accepts.

A counter proposal that is sent by recorded post suspends the obligation to broadcast a reply

until the petitioner reject or accepts the counter proposal.

§ 3. Broadcasting the reply too late without a rejection or a counter proposal having been

made in accordance with § 1 and 5 gives the right to compensation for damages to be

established in court.

Art. 111. Together with the opportunity that the parties included have to present this litigation

before a competent entity in the sector, all disputes emanating from this case come under

the exclusive authority of the Court of First Instance that sits in preliminary injunction.

The petitioner must lay the matter before the Court of First Instance within one month, to be

calculated from the date on which the reply had to be broadcast; from the date that

notification was made of the rejection to the person that signed the request; form the date on

which the counter proposal was rejected; or from the date on which a broadcast occurred

that does not correspond to the provisions of this decree.

If the Court of First Instance orders that a reply must be broadcast, it decides on merits and

this is final.

If the reply has not been recorded on the date of the judgement, the judge orders the

broadcast of this within the period and in the manner he/she determines, where appropriate,

subject to a non-compliance penalty.

The Court of First Instance can authorise the proposals of the parties, the purpose of which

is to adjust the content of the reply.

Art. 112. The persons specified in Article 106, § 1, store files that contain the information

transmitted as long that a request to broadcast a right of reply can be legally submitted and,

if appropriate, until the dispute has been definitively settled.

The persons specified in Article 106, § 1, store the file that contains the right of reply for thirty

calendar days, to be calculated from the date on which the reply was broadcast and, if

appropriate, until the dispute has been definitively settled.


Section II. —Right of communication

Art. 113. § 1. Anyone has a right of communication, with regard to radio and television

services, that is exercised as specified in this decree.

§ 2. Together with the application of the other legal remedies, every natural person or legal

person is mentioned by name as a suspect, accused or defendant is recognisably portrayed

or implicitly referred to, has the right to submit a request to record a right of communication at

no cost.

Contrary to the first paragraph it is not necessary to record a communication if one of the

persons, specified in Article 106, § 1, has voluntarily produced a satisfactory communication.

If the petitioner does not consider this rectification to be satisfactory, he/she can make use of

the right of reply.

§ 3. If the person, specified in § 2, first paragraph, is deceased, the right to submit a request

to record a communication free of charge is passed on to all blood relations in direct line and

to the spouse or the actual or legal co-habiting partner or, in the case of absence, to the

closest blood relations.

This right can only be exercised once and by the most prepared person among them. If the

period, specified in Article 115, is also running on the day of this person’s death, specified in

§ 2, the interested parties only have the remaining part of the period at their disposal.

Art. 114. The text of the reply is made in the same language as the information that led to the

request and exclusively contains the following information:

1st the identity of the person specified in Article 113, §2;

2nd the reference to the communication, specified in Article 113, § 2, on the grounds of which

the right of communication can be invoked;

3rd the judgement to discharge or acquit the petitioner, the date if the judgement and the

court that passes the judgement;

4th the fact that no objection, appeal or further appeal against the judgement is possible.

If the discharge obtained is as a result of the expiry of criminal proceedings, there is no right

of communication.

Art. 115. The request, specified in Article 112, is submitted in writing and within a period of

three months, to be calculated form the day on which the judgement of discharge or acquittal

is no longer susceptible to objection, appeal or further appeal.

Art. 116. § 1. The request, specified in Article 113, is sent to the editor-in-chief of the

programme or to any person who can allow this reply to be recorded. At the request of the

petitioner, the broadcasting organisation will immediately supply the correct coordinates of

the person specified in the first paragraph.




1st all exact information on basis of which the identity of the broadcasting organisation, the

programme in question and the information relating to the reply, can be established;

2nd for natural persons, the identity, domicile or residence of the petitioner; for legal persons,

the name and the headquarters of the petitioner, and the capacity of the person signing the

request;

3rd the signature of the petitioner; or for legal persons the signature of the person who

operates in their name;

4th the information specified in Article 114.

The proof of the judgement of discharge or acquittal, and a statement from the legal authority

that demonstrates that no further appeal has been lodged and that it is no longer susceptible

to objection, appeal of further appeal, must be attached.

§ 3. If the right to communication is related to a programme of a linear broadcasting service,

the reply is included at the latest in the very next transmission of the same programme after

a period has passed of two business days – Sundays and bank holidays not included – that

commences the day on which one of the person, specified in Article paragraph 1, receives

the reply.

If no transmission of the programme is planned within fourteen calendar days after the

request was received, the reply must broadcast within this period at a transmission time

accessible to the public.

If the right of communication is related to a programme of a non-linear broadcasting service,

the reply attached to the programme in question and programme after a period has passed

of two business days – Sundays and bank holidays not included – that commences the day

on which one of the person, specified in § 1, receives the reply.

Art. 117. The periods specified in this decree – with the exception of those specified in

Articles 190 and 115 – are calculated in accordance with Article 52, first paragraph, and

Articles 53 and 54 of the Judicial Code.

Chapter VI. — Right to free information short news reports

Art. 118. Every linear broadcasting organisation of or recognised by the Flemish Community,

or registered with the Flemish Media Regulator, has the right to freely gather information.

This right entails:

1st free access to events on which exclusive broadcasting rights are granted, to the extent

that the event occurs in the Dutch-speaking area or in the bilingual area Brussels-Capital, to

the extent that the institution organising the event can – on account of its activities – be

considered as belonging exclusively to the Flemish Community;

2nd the right to create recordings, to the extent that the events on which exclusive

broadcasting rights have been granted occur in the Dutch-speaking area or in the bilingual

area Brussels-Capital, to the extent that the institution organising the event can – on account

of its activities – be considered as belonging exclusively to the Flemish Community;


3rd the right of short news reports.

Together with the application of the provisions of this decree, the right to freely gather

information is applicable to the providers of linear broadcasting services that come under the

responsibility of the other communities and of the other Member States in the European

Union.

Art. 119. The right to free access and recording can only be restricted by the organiser in

exceptional cases, and exclusively for safety reasons. In this case, the organiser must give

priority to the providers of linear broadcasting services that have acquired the exclusive

rights. If no providers of linear broadcasting have acquired the exclusive rights, priority must

be given to the broadcasting organisation of the Flemish Community or to the providers of

linear broadcasting services specified in Article 158, 2nd.

Art. 120. The short news reports are exclusively permitted in new bulletins and regularly

scheduled current affairs programmes.

The secondary linear broadcasting organisation autonomously determines the content of the

short news reports.

Art. 121. The duration of the short news reports is limited to the time necessary to transmit

the essential information concerning the event, and may contain no more than three minutes’

sound and/or image material of the event.

Specifically for competitions, the short news report of the competition day for each sport

within a news bulletin may be no longer than six minutes. For current affairs programmes,

the duration may be no longer than fifteen minutes. Specific conditions can be arranged by

the Flemish Authority.

Art. 122. § 1. The secondary linear broadcasting organisation in principle has the right to

create its own recordings with respect to the material priority of the broadcasting

organisations that have acquired exclusive transmission rights.

For sports events this right is restricted creating images in the margins of the event.

However, this restriction is not applicable if the exclusive rights holders commit an

infringement on the right specified in § 2, first paragraph. If the exclusive rights holders do

not exercise their exclusive broadcasting rights on an event, the secondary linear

broadcasting organisations can create images of the event free of charge.

§ 2. The secondary linear broadcasting organisation has the right, for a reasonable fee, to

make use of recordings and/or signals of the exclusive rights holders for the purposes of

short news reports.

For short news reports in bulletins, the fee is determined on the basis of the technical costs

incurred. For short news reports in current affairs programmes, the broadcasting rights can

also be taken into account.

§ 3. When acquiring the signal and/or recordings, the secondary linear broadcasting

organisation freely selects the sound or the image extracts it uses in the short news bulletin.

For the sound with the image extracts, only environmental sound is transmitted.


Art. 123. When acquiring the signal and/or the recordings, the secondary linear broadcasting

organisation must visibly display the logo of the exclusivity holders as source during the short

news report.

Art. 4. § 1. In the case of acquiring the signal and/or the recordings of the exclusivity holders,

the secondary linear broadcasting organisation may transmit the short news report as soon

as the exclusivity holders have transmitted the event for a first time, wholly or partially and

whether or not live.

If the secondary linear broadcasting organisation has made recordings itself, the

transmission time may be freely chosen.

§ 2. The short news reports may not be rebroadcast separately from the current event,

unless there is a direct relationship between the content of this and another current event.

The short news reports may be stored in archives, but may only be rebroadcast under the

conditions specified in paragraph 2.

§ 4. It is permitted that these same programmes, in which short news reports have been

included in accordance with conditions specified in this chapter and that the linear

broadcasting organisation has transmitted, are also offered by this same broadcasting

organisation on demand.

Art. 125. The parties concerned can deviate from the provisions, specified in Articles 121 to

124, in mutual consultation.

Art. 126. The provisions of this chapter are not applicable to the exclusivity contracts signed

concluded prior to 1 January 1998.

Heading III. — Radio services

Chapter I. — Private linear radio broadcasting organisations

Section I. — Common provisions

Art. 127. Linear radio broadcasting organisations correspond to one of the following

categories:

1st national radio broadcasting organisations;

2nd regional radio broadcasting organisations;

3rd local radio broadcasting organisations;

4th other radio broadcasting organisations.


Art. 128. Under the conditions of this chapter, linear radio broadcasting organisations can be

recognised by the Flemish Authority or they must be registered with the Flemish Media

Regulator.

The following radio broadcasting organisations specified in the first paragraph are considered

for recognition:

1st national radio broadcasting organisations;

2nd regional radio broadcasting organisations;

3rd local radio broadcasting organisations;

Art. 129. The linear radio broadcasting organisations must broadcast in Dutch.

Exceptions to this can be allowed by the Flemish Authority.

The programmes of the linear radio broadcasting organisations are produced under their own

responsibility.

Art. 130. The linear radio broadcasting organisations must be independent of a political party.

Art. 131. News programmes of linear radio services are produced under the direction and

responsibility of an editor-in-chief. Editorial independence is guaranteed and established in

an editorial charter.

Section II. — Transmissions via frequency modulation and amplitude modulation

Subsection I. — General provisions

Art. 132. The national, regional and local radio broadcasting organisations have one or more

FM or AM frequencies at their disposal.

Art. 133. National, regional and local radio broadcasting organisations transmit in FM or in

Am within the transmission are allocated to them. Their channels can be transmitted through

the cable broadcasting networks, digitally though ether broadcasting networks, through

satellite broadcasting networks or through the internet. The Flemish Authority will draws up

the FM and AM frequency plan, approves it and determines how many national, regional and

local radio broadcasting organisations can be recognised. The Flemish Authority grants

recognition on the basis of this frequency plan.

The Flemish Media Regulator grants broadcasting licences to the recognised national,

regional or local radio broadcasting organisations.

The Flemish Media Regulator can oblige the recognised national, regional or local radio

broadcasting organisations to relocate their broadcasting installation or to use a common

broadcasting installation, for the purposes of optimising the service area.


Art. 134. The recognitions for national, regional and local radio broadcasting organisations

are granted for nine years, starting from the date that the decision containing the recognition

was signed.

If the national, regional or local radio broadcasting organisation has still not broadcast nine

months after the recognition was granted, the recognition can be officially withdrawn by the

Flemish Media Regulator.

A new application for recognition must be submitted at least one year before the recognition

expires.

If the Flemish Authority has not come to a decision six months prior to the recognition

expiring, the recognition is tacitly extended for a period of one year, together with the

application of the other provisions of this chapter.

In addition to the application of the other provisions of this decree, recognitions as national,

regional or local radio broadcasting organisations acquired for a frequency that became

vacant during a period in progress are only assigned for the remaining duration of the

recognition period in progress.

Art. 135. The broadcast installations of the national, regional and local radio broadcasting

organisations are located in the Dutch-language area or in the bilingual area Brussels Capital

and in the service area of the national, regional and local radio broadcasting organisation.

The relocation of the broadcasting installations is permitted to the extent that this can be

accommodated within the frequency plan and after the adjustment to broadcasting licence

has been approved by the Flemish Media Regulator.

The national, regional and local radio broadcasting organisations use technical equipment

that conforms to the legal and directive proscriptions, and they adhere to the provisions of

the broadcasting licence. They accept the investigation on the part of appointed officials into

their operations on site.

Art. 136. The Flemish Authority determines the procedure for submitting the applications for

recognition, and the periods for the investigating and processing the file. The Flemish

Authority cab determine a registration charge to be paid by the candidate and a fee for

maintaining the recognition and the broadcasting licence, including the financial guarantee to

be provided.

A standard form, drawn up by the Flemish Authority, is used in the procedure for submitting

an application for recognition as a national, regional or local radio broadcasting organisation.

A licensed local radio broadcasting organisation does not pay a registration charge with a

call for candidacies for local radio broadcasting organisations.


Subsection II. — National radio broadcasting organisations

Art. 137. The national radio broadcasting organisations have the duty to provide a variety of

programmes, especially regarding information and entertainment, and broadcast for the

entire Flemish Community.

Collaboration with the Flemish Community’s radio broadcasting, with other regional and local

radio broadcasting organisation or with other national radio broadcasting organisations may

not lead to structured uniformity in the scheduling policy.

The contemporaneous transmission of identical radio programmes – irrespective of the time

– by the national radio broadcasting organisations or by broadcasting these together with the

Flemish Community’s radio broadcasting or with other regional and local radio broadcasting

organisations, is not permitted. Collaboration with the purpose of setting up large one-off

events such as charity event, or with exceptional events such as reporting on large or

significant events, does not entail structured uniformity and is therefore permitted.

Art. 138. § 1. In order to become receive and retain recognition, the national radio

broadcasting organisations must comply with the following:

1st the conditions specified in Articles 129, 130, 131 and 135;

2nd the following conditions:

a) the national radio broadcasting organisations are established in the form of a legal person.

The corporate object of the legal person is to provide radio programmes. The national radio

organisations can perform all activities that directly or indirectly contribute to the realisation of

their corporate object, to the extent that these activities correspond with or are related to the

broadcasting activities. The members of the broad of directors do not hold any political

mandate and are not managers or directors of the public broadcasting organisation or

another legal person that manages a national radio broadcasting organisation;

b) the legal person specified in point a) does not utilise more than two national radio

broadcasting organisations.

Direct or indirect links between national radio broadcasting organisations do not result in a

company or legal person exercising control over more than two national radio broadcasting

organisations;

c) the national radio broadcasting organisations transmit a minimum of four news bulletins

per day that contain a variety of subjects. News bulletins and informative programmes are

produced by in-house editorial team that consists principally of professional journalists. An

editor-in-chief is responsible for the new bulletins;

d) A range of Dutch-language music must be guaranteed in the programming schedule. The

Flemish Authority can establish provisions supplementary to this in a decree.

§ 2. The Flemish Authority establishes supplementary qualification criteria and assigns a

weighting to each of these criteria.

The supplementary qualification criteria specified in the first paragraph relate to:

1st the actual realisation of the programming and the broadcast schedule, in particular the

variety within the programming;

2nd the media experience;


3rd the financial plan;

4th the business plan;

5th the technical (transmission) infrastructure.

Art. 139. § 1. The national radio broadcasting organisations – after having received

recognition and for the entire duration of the recognition – adhere to the bid they submitted,

to the basic conditions and the supplementary qualification criteria specified in Article 138, in

accordance with which the Flemish Authority has awarded the recognition.

§ 2. The national radio broadcasting organisations that – after having received recognition –

wish to introduce amendments to the details specified in the bid they submitted, resulting in

deviation from the basic conditions and the supplementary qualification criteria specified in

Article 138 – in particular concerning the general programming – make this known to the

Flemish Media Regulator. This notification is made in accordance with Article 219.

Amendments relating to the informative programming, the articles of association or the

share-holder structure are presented before the Flemish Authority for approval. When

assessing the amendments, the Flemish Authority takes maintaining pluralism and the

diversity of the radio landscape into account.

Subsection III. — Regional radio broadcasting organisations

Art. 140. The regional radio broadcasting organisations has a duty to provide a variety of

programmes, in particular concerning information from the region, cultural, sports and other

events from the region and entertainment, with the intention of promoting communication

among the population within their service area and contributing to the general social and

cultural development of the region. They broadcast to a maximum of one province.

The regional radio organisations can only collaborate with the regional linear television

broadcasting organisations within the scope of creating programmes, gathering information

and advertising.

Art. 141. § 1. In order to receive and retain recognition, the regional radio broadcasting

organisations must comply with the following:



a) the regional radio broadcasting organisations are established in the form of a legal person.

The corporate object of the legal person is to provide radio programmes. The regional radio

organisations can perform all activities that directly or indirectly contribute to the realisation of

their corporate object, to the extent that these activities correspond with or are related to the

broadcasting activities. The members of the broad of directors do not hold any political

mandate and are not managers or directors of the public broadcasting organisation or

another legal person that manages a regional radio broadcasting organisation;


b) the legal person specified in point a) does not utilise more than two regional or national

radio broadcasting organisations.

Direct or indirect links between national radio broadcasting organisations do not result in a

company or legal person exercising control over more than two regional or national radio

broadcasting organisations;

c) the regional radio broadcasting organisations transmit a minimum of four news bulletins

per day that contain a variety of subjects from the region. News bulletins and informative

programmes are produced by in-house editorial team that consists principally of professional

journalists. An editor-in-chief is responsible for the new bulletins. The regional radio

broadcasting organisations can engage an editorial team for national and international news

that though its editorial charter offers satisfactory guarantees regarding journalistic ethics,

impartiality and editorial independence.

§ 2. The Flemish Authority establishes supplementary qualification criteria and assigns a

weighting to each of these criteria.

The supplementary qualification criteria specified in the first paragraph relate to:

1st the actual realisation of the programming and the broadcast schedule, in particular the

variety within the programming;

2nd the media experience;

3rd the financial plan;

4th the business plan;

5th the technical (transmission) infrastructure.

Art. 142. § 1. The regional radio broadcasting organisations – after having received

recognition and for the entire duration of the recognition – adhere to the bid they submitted,

to the basic conditions and the supplementary qualification criteria specified in Article 141, in

accordance with which the Flemish Authority has awarded the recognition.

§ 2. The regional radio broadcasting organisations that – after having received recognition –

wish to introduce amendments to the details specified in the bid they submitted, resulting in

deviation from the basic conditions and the supplementary qualification criteria specified in

Article 141 – in particular concerning the general programming – make this known to the

Flemish Media Regulator. This notification is made in accordance with Article 219.

Amendments relating to the informative programming, the articles of association or the

share-holder structure are presented before the Flemish Authority for approval. When

assessing the amendments, the Flemish Authority takes maintaining pluralism and the

diversity of the radio landscape into account.

Art. 143. The regional radio broadcasting organisations can operate independently or within

a joint association with other regional radio broadcasting organisations.

A joint association that consists of all regional radio broadcasting organisations and has been

established in the form of a legal person who complies with the conditions specified in Article

138, § 1, can gain recognition from the Flemish Authority as a national radio broadcasting

organisation.


From the date of the recognition as a national radio broadcasting organisation by the Flemish

Authority, the provisions of subsection II on the joint association are applicable.

Contrary to Article 314, first paragraph, the acknowledgment of the regional radio

broadcasting organisation participating in a joint association expires from the date of

recognition by the Flemish Authority of the joint association as a national broadcasting

organisation.

Pending a new broadcasting licence granted by the Flemish Media Regulator and contrary to

Article 193, § 1, second paragraph, the regional radio broadcasting organisations in question

transfer their broadcasting licence to the joint association that has been recognised as a

national radio broadcasting organisation.

Subsection IV. — Local radio broadcasting organisations

Art. 144. The local radio broadcasting organisations have a duty to provide a variety of

programmes, in particular concerning information form the service area and entertainment,

with the intention of promoting communication among the population or the target group

within the service area. They broadcast to a city or town, a part of a city or town, a

municipality a limited number of neighbouring municipalities, or a specific target group.

The local radio broadcasting organisations can operate independently or collaborate with

other local radio broadcasting organisations within the Flemish Community. Collaboration

with the radio broadcasting organisations of the Flemish Community, the national

broadcasting organisations and the regional radio broadcasting organisations may not result

in structured uniformity in the programming schedule.

Collaboration with other local radio broadcasting organisations may not lead to more than

sixty local radio organisations being united in one joint association.

Collaboration with the purpose of setting up large one-off events such as charity event, or

with exceptional events such as reporting on large or significant events, does not entail

structured uniformity and is therefore permitted.

Together with the application of Article 145, collaboration with other local radio broadcasting

organisations is possible on all sites.

Provided that the provisions of this chapter and the remaining conditions of recognition are

strictly observed – and with the application of the procedure specified in Article 150 – local

radio broadcasting organisations are free to found, terminate and to enter or leave joint

associations.

Joint associations as provided for in this Article are registered with the Flemish Media

Regulator at least fourteen calendar days prior to their start. This registration occurs in

accordance with Article 219.

Art. 145. In order to receive and retain recognition, the local radio broadcasting organisations

must comply with the following:




a) the local radio broadcasting organisations are established in the form of a legal person.

The corporate object of the legal person is to provide radio programmes in the assigned

service area. The local radio organisations can perform all activities that directly or indirectly

contribute to the realisation of their corporate object;

b) the legal person specified in point a) does not utilise more than one private radio

broadcasting organisation.

c) The local broadcasting organisations provide a range of local information with attention to

announcing and reporting socio-cultural, sporting, economic and political events in the

service area. The daily schedule of the local radio broadcasting organisations transmit a

minimum of three news bulletins that are aimed at the service area. An editor-in-chief is

responsible for the bulletins. Each bulletin also contains local subject. If a local radio

broadcasting organisation collaborates with other radio broadcasting organisations, in no

cases may this collaboration result in the independence of the reporting being impaired.

News bulletins and informative programmes are produced by in-house editorial team that

consists principally of professional journalists. An editor-in-chief is responsible for the new

bulletins. The local radio broadcasting organisations can engage an editorial team for

national and international news that though its editorial charter offers satisfactory guarantees

regarding journalistic ethics, impartiality and editorial independence.

Local radio broadcasting organisations may collaborate with other local radio broadcasting

organisation with regard to local news bulletins, to the extent that the collaborating radio

broadcasting organisations are within service areas that are the same as the service areas of

the regional television broadcasting organisations;

d) the local radio broadcasting organisations provide the following information: the

transmission location, the headquarters, the infrastructure present, the articles of

associations, the financial structure and the financial plan, the programming offer, the

editorial charter, the broadcast schedule, the name of the editor-in-chief, the radio

broadcasting organisation employees, including their radio experience and their articles of

association. Each subsequent amendment is reported immediately to the Flemish Media

Regulator.

Art. 146. The Flemish Authority grants recognition on the basis of the following criteria: the

actual realisation of the information concerning service area itself in the programming and

the demonstrable and described link with that has been established with the local

community.

The Flemish Authority can set supplementary conditions for recognition in relation to these

two criteria.

Together with the application of the fourth and fifth paragraph, the local radio broadcasting

organisations that – after having received recognition – wish to introduce amendments to the

details specified in the bid they submitted, which relate to the informative programmes, the

articles of association or their shareholder structure, request the approval of the Flemish

Authority to implement these amendments.

The local radio broadcasting organisations that – after having received recognition – wish to

introduce amendments to the details specified in the bid they submitted, which relate to the

general programming or by which there is entry into, transfer to departure from a joint


association with other local radio broadcasting organisations, report this to the Flemish

Media Regulator. This notification is made in accordance with Article 219.

Provided that all relevant provisions form this section are observed, the local radio

broadcasting organisations can implement the registered amendments ten days after the

notification is sent.

Section III. — Other radio broadcasting organisations

Art. 147. Private radio broadcasting organisations that transmit their broadcast programming

exclusively through cable, ether network or the internet are designated as other radio

broadcasting organisations and inform the Flemish Media Regulator of this.

Art. 148. The corporate purpose of these broadcasting organisations consists in providing

radio programmes via a cable broadcasting network, an ether network, a satellite network or

through the internet. They can perform all activities that directly or indirectly contribute to the

realisation of their corporate purpose.

Art. 149. § 1. Anyone can, under the conditions of this section, offer radio services provided

that:

1st the broadcasting organisation has been established as a legal person and comes under

the authority of the Flemish Community;

2nd the broadcasting organisation complies with the conditions specified in Articles 129, 130

and 131.

§ 2. The Flemish Media Regulator must be informed if the provision of these services at least

fourteen calendar days prior to this service starting.

The notification is made in accordance with Article 219.

The notification must include at least the following information: the transmission location, the

headquarters, the manner in which the programme signal is transmitted, and the articles of

association.

A new notification is performed for each separate radio channel.

Each subsequent amendment of this information, in particular each change to the

management board of the broadcasting organisation, is immediately reported to the Flemish

Media Regulator.

§ 3. The notification specified in paragraph 2 is not required for recognised national, regional

and local radio broadcasting organisations that transmit their programmes via a cable

broadcasting network, ether network, satellite network or through the internet.


Chapter II. — Private non-linear radio broadcasting organisations

Art. 150. § 1. Anyone can, under the conditions of this chapter, offer non-linear radio

services, provided that he/she has been established as a legal person and falls under the

authority of the Flemish Community.

The corporate purpose of the non-linear radio broadcasting organisations consists in offering

non-linear radio services on demand. The providers can perform all activities that directly or

indirectly contribute to the realisation of their corporate purpose.

§ 2. The Flemish Media Regulator must be informed if the provision of these services at least

fourteen calendar days prior to this service starting.

The notification is made in accordance with Article 219.

The notification must include at least the following information: the transmission location, the

headquarters, the manner in which the programme signal is transmitted, and the articles of

association.

§ 3. The Flemish Authority determines the details to be further supplied that the notification

must contain, and which subsequent amendments to these details must be reported to the

Flemish Media Regulator.

Heading IV. — Television services

Chapter I. —Provisions that apply to all television services

Section I. — Access to television services for persons with a visual or hearing

impairment

Art. 151. The public broadcasting organisation of the Flemish Community and the private

television broadcasting organisations must make a significant portion of their broadcast

programming accessible to persons with a visual or hearing impairment. For this, use is

made of subtitling, audio description, sign language and audio subtitles.

As of 1 January 2010 or after the private television broadcasting organisations that for six

consecutive months achieve an average market share of 2 per cent, they must comply with

the following conditions within the terms set out below:

full subtitling within of the main news bulletin twelve months. This is the bulletin with the

highest average viewing figures;

full subtitling of all bulletins and 90 per cent of the information programmes within 36

months.

The Flemish Authority lays down a timeframe and quota for subtitling other than that

provided for in the third paragraph of this Article, for audio description, for sign language and

for audio subtitling.


The Flemish Authority provides subsidies for all techniques to make television services

accessible.

The criteria for this are established by the Flemish Authority.

Subsection II. — Broadcasting cinematographic works

Art. 152. Television services providers may not broadcast cinematographic works outside the

periods agreed with the rights holders.

Subsection III. — Events regulations

Art. 152. § 1. The Flemish Authority complies a list of events that are considered to be of

particular significance to society and that, for these reasons, may not be broadcast in such a

way that a significant portion of the public in the Flemish Community follow such events

through direct or postponed reporting on television, through the basic packages of the

various service providers.

In order to verify whether an event meets the conditions of paragraph 1, the following is

taken into consideration:

1st the event has a significant general news value and attracts broad interest among the

public;

2nd the event takes place in relation to a significant international competition or is a contest in

which a national team, a Belgian club team or a one or more Belgian sports persons

participate;

3rd the event belongs to a significant sports discipline and has an important cultural value in

the Flemish Community;

4th the event is traditionally broadcast via fee television and achieves high viewing figures in

its category.

The Flemish Authority determines whether the events must be available through full or partial

direct reporting or, if necessary or appropriate for objective reasons of general significance,

through full or partial postponed reporting.

§ 2. The television broadcasting organisation of the Flemish Community and the television

services providers may not exercise the rights exclusively acquired by them in such a way

that a significant portion of the public in another Member State of the European Community

can not follow the events presented by this other Member State on television in the basic

service provider package, via full or partial direct reporting or, if necessary or appropriate for

objective reasons of general significance, through full or partial postponed reporting, as has

been determined by this other Member State.


Subsection IV. — The promotion of European productions

Art. 154. The television broadcasting organisation of the Flemish Community and the private

linear television broadcasting organisations aim to reserve the major portion of the

broadcasting time devoted to non-information, sport, game shows, advertising, teletext and

teleshopping for European productions.

A significant part of this must be allocated to Dutch-language European productions.

The Flemish Authority can lay down a quota in the execution of paragraphs 1 and 2.

Art. 155. The television broadcasting organisations of the Flemish Community and the

private linear television broadcasting organisations aim to allocate at least ten per cent of the

broadcast time devoted to non-information, sport, game shows, advertising, teletext and

teleshopping to European productions that have been produced by the independent

producers of the television broadcasting organisations.

A significant part of this must be allocated to recent productions. These are productions that

are transmitted within a five-year period after they have been produced.

Sufficient space must be made for recent Dutch-language European productions.

The Flemish Authority can lay down a quota in the execution of paragraph 1, 2 and 3.

Art. 156. The television broadcasting organisation of the Flemish Community and the private

linear television broadcasting organisations submit a report to the Flemish Media Regulator

on the manner in which compliance has been made with the provisions in Articles 154 and

155. The Flemish Media Regulator makes these details public.

Art. 157. The non-linear broadcasting organisations promote – to the extent that this is

achievable and occurs by the appropriate means – the production of and the access to

European productions. Such promotion can have at its disposal, among other things,

financial contributions from the non-linear television broadcasting organisations to the

production of and the acquisition of rights to European productions, or to the

portion/prominent presence of European productions in the programme catalogue offered by

the non-linear television service.

A significant share of the means of promotion specified in the first paragraph must be

allocated to Dutch-language productions.

The Flemish Authority can establish the possible means and measures, specified in the first

paragraph.


Chapter II. — Private linear television services

Subsection I. — General provisions

Art. 158. Private television broadcasting services consist of:

1st regional television broadcasting organisations;

2nd private television broadcasting organisations.

Art. 159. Private linear television organisations are recognised by the Flemish Authority

under the conditions specified in this section, or registered with the Flemish Media Regulator.

In order to gain recognition, they must be established as a private legal person and they

must fall under the authority of the Flemish Community.

The Flemish Community determines the provisions and the procedure for obtaining

recognition and for that manner of notification.

Art. 160. The Private linear television broadcasting organisations have the corporate purpose

of providing programmes. They may perform actions that directly or indirectly contribute to

realising their purpose.

Subsection II. — The private television broadcasting organisations

Art. 161. Private television broadcasting organisations must be registered with the Flemish

Media Regulator. The notification is submitted at least fourteen calendar days prior to start of

the television services being offered.

The notification is submitted in accordance with Article 219 and must contain at least the

following information: all details that can serve in order to determine whether the Flemish

Community is authorised for the television service in question, the articles of association, the

financial structure, and a clear definition of the service to be provided.

Following notification, each amendment to the information specified in the second paragraph

made by the private broadcasting organisation must be made known to the Flemish Media

Regulator as quickly as possible.

The Flemish Authority determines the further regulations for notifications that the private

television broadcasting organisations must observe.

Art. 162. A notification is required for each broadcasting channel.

Private television broadcasting organisations that offer a broadcasting channel that consists

exclusively of teleshopping programmes, and private television organisations that offer a

broadcasting channel that is consists exclusively of self-promotion, make explicit mention of

this in the notification.


Art. 163. Anyone can, under the conditions of this chapter, offer private linear television

services, provided that:

1st the linear television services provider has been established as a private legal person and

falls under the authority of the Flemish Community;

2nd the corporate purpose of the private legal person consists in offering linear television

services, with the exception of offering linear broadcasting services as specified in Article

165. The private broadcasting organisations can perform all activities that directly or

indirectly contribute to the realisation of their corporate purpose;

3rd the private broadcasting organisation is independent of any political party;

4th the broadcasts are under the final editorial responsibility of the staff;

5th the private broadcasting organisation transmits in Dutch, subject to deviations to be

permitted by the Flemish Authority.

Art. 164. If private television organisations provide news bulletins and current affairs

programmes, these must be produced by an in-house editorial team. Editorial independence

is guaranteed and established in an editorial charter.

Subsection III. — The regional television organisations

Art. 165. A regional television broadcasting organisation has the duty to supply regional

information with the intention of promote communication among the population and between

the authorities and the population within the service area allocated to the regional television

broadcasting organisations by the Flemish Authority by virtue of Article 165, and to contribute

to the general social and cultural development of the region.

Regional information is understood to include, among other things, news bulletins,

background information, debates, election broadcasts and service programmes.

In relation to the definition of the duty of the regional television broadcasting organisations

specified in the first paragraph, the regional television broadcasting organisation can provide

broadcasting time to regional figures, but they remain themselves responsible for the

broadcasts.

Art. 166. The regional television broadcasting organisations may only provide programmes

after they have been recognised by the Flemish Authority.

The Flemish Authority determines the procedure for obtaining recognition, as well as

possible further measures when determining the service area.

Art. 167. For the purposes of recognition, the regional television broadcasting organisations

supply all details that can serve to determine whether the Flemish Authority is authorised for

the broadcasting organisation in question, the articles of association, the financial structure

the programming and the broadcast schedule to the Flemish Authority.


Following recognition, each fundamental amendment nu the broadcasting organisation in

question to the information specified in the first paragraph must be made known as quickly

as possible to the Flemish Authority.

Art. 168. The Flemish Authority distinguishes a maximum of eleven service areas, including

the bilingual area Brussels-Capital. Recognition can only be granted to by the Flemish

Authority to one regional television broadcasting organisation within a service area.

A regional television broadcasting organisation provides programmes exclusively in its

assigned service area. The restriction to the service area assigned does not apply to

transmitting regional television broadcasting organisation programmes if these are offered

within a digital package, and to transmitting regional television broadcasting association

news bulletins.

Art. 169. In order to receive and retain recognition, the regional television broadcasting

organisations must comply with the following conditions:

1st have the form of a non-profit organisation, the managers of which may not be managers

of another organisation that owns or manage a regional television broadcasting organisation;

2nd the corporate headquarters and the operational headquarters are in the Dutch-language

area or in the bilingual area of Brussels-Capital, and more specifically in their service area;

3rd the corporate purpose of the of the organisation is limited exclusively to providing regional

programmes;

4th one organisation uses no more than one regional broadcasting service;

5th the regional television organisations are independent of any political party, trade

association or an organisation with a commercial aim;

6th the regional television broadcasting organisations broadcast in Dutch, subject to

deviations that are permitted by the Flemish Authority;

7th the regional television broadcasting organisations transmit their own programmes. In their

own programmes, the regional broadcasting organisations aim to develop the local

population’s opportunities to express themselves and to encourage its participation. Own

programmes are intended to mean programmes or programme sections that are elaborated

and produced either by in-house staff or by order and under the final responsibility of the staff

of the regional television broadcasting organisation;

8th the broadcast programming of the regional television broadcasting organisations is at

least 80 per cent-related to its regional service area;

9th an editor-in-chief is responsible for the news bulletins. The editorial independence of

guaranteed and established in an editorial charter. The regional television broadcasting

organisation can engage joint associations for its news provisions. The conditions for this are

determined by the Flemish Authority;

10th the regional television broadcasting organisations submit an operational and financial

report on an annual basis. The Flemish Media Regulator and more specifically the specially

appointed officials can request all necessary documents and investigate on site whether the

conditions of recognition are being observed.


Art. 170. § 1. The duration of the recognition as regional television broadcasting organisation

amounts to nine years. The recognition can be extended by periods of nine years at the

request of the applicant. This request must be submitted in accordance with Article 219 at

the latest six months prior to the expiry of the current recognition period.

If the Flemish Authority does not wish to extend the recognition, it must inform the regional

television broadcasting organisation of this at least one year prior to the expiry of the

recognition period by recorded letter, addressed to the chairperson of the board of directors

at the address of the corporate headquarters.

§ 2. The Flemish Media Regulator can suspend or withdraw the recognition as regional

television broadcasting organisation at any time, if the provisions of this section or the

implementation measures of them are not observed.

§ 3. The Flemish Authority can, if the regional television broadcasting organisation requests

this, postpone the suspension or withdrawal of the recognition by a maximum of three

months, in order to provide the broadcasting organisation in question the chance to comply

with all regulations. Following this period, the processing of this file resumes if the reason

behind it is still present.

Art. 171. The general meeting of the regional television broadcasting organisations is

composed in a representative manner.

This means that political, social, cultural, ideological and regional criteria are taken into

consideration.

An administrative authority that is situated within the service area and contributes financially

to the annual operational costs can participate in the regional television broadcasting

organisation’s general meeting.

Art. 172. The board of directors of the regional television broadcasting organisation must be

composed in a representative manner and may not consist more than one fifth of members

who:

1st excerise political authority;

2nd have a leading role or exercise the role of a manager in a trade association of employers

or employees;

3rd have a leading role or exercise the role of a manager in a press, publicity or advertising

company, with the public broadcasting organisation of the Flemish Authority or with a private

broadcasting organisation that is directed at the entire Flemish Community;

4th have a leading role or exercises the role of manager with a cable broadcasting network

provider. In no cases may the members of the board of directors be part of a municipal

council, a permanent delegation, the Flemish Authority, the authority of the Brussels Capital

Region or the federal government.

Art. 713. Each amendment to the board of directors and the general gathering of the regional

television broadcasting organisation must be made known to the Flemish Media Regulator.


Chapter III. — Private non-linear television services

Art. 174. Anyone can, under the conditions of this chapter, offer private linear television

services, provided that:

1st the entity offering this has been established as a private legal person and falls under the

authority of the Flemish Community;

2nd the corporate purpose of the private legal person consists in offering non-linear television

services, particular by digital means. The legal person can perform all activities that directly

or indirectly contribute to the realisation of their corporate purpose;

The non-linear television broadcasting organisations can, whether or not for a fee, transmit in

a wholly or partially coded manner, and are independent of any political party.

The private broadcasting organisations transmit at least in Dutch, subject to deviations to be

permitted by the Flemish Authority.

Art. 175. The Flemish Regulator must be informed of the provision of a non-linear television

service at least fourteen calendar days prior to the service starting.

The notification is submitted in accordance with Article 219 and must contain at least the

following information: all details that can serve in order to determine whether the Flemish

Authority is authorised for the television service in question, the articles of association, and a

clear definition of service to be provided.

The Flemish Authority determines the further details to be supplied that the notification must

contain, as well as the subsequent amendments to the details that must be made known to

the Flemish Media Regulator.

If the non-linear television broadcasting organisations broaden their offer with a new type of

service, they must submit a separate notification.

Following the notification, each amendment by the non-linear television broadcasting

organisation in question to the information, specified in the first paragraph, must be reported

to the Flemish Media Regulator as quickly as possible.

Art. 176. The Flemish Media Regulator can oblige the services provider or the network

operator to suspend or cease the transmission of a non-linear television service if this non-

linear television service commits an infringement of, or constitutes a serious risk to:

1st public order, in particular the prevention or, the investigation into, the detection of and the

perusal of punishable crimes, including the protection of minors and the fight against inciting

hatred on account of race, sex, religion or nationality and violations of human dignity with

regard to individuals;

2nd the protection of public health;

3rd public safety, including the safeguarding of national security and defence.

If the non-linear television broadcasting organisation specified in the first paragraph falls

under the authority of another Member State of the European Union, before having the

supply of the non-linear service suspended or halted the Flemish Regulator must:


1st Inform the European Commission and the Member State of the European Union, under

whose authority the non-linear television broadcasting organisation falls, of the intention to

have the supply of the non-linear service suspended or halted;

2nd request that the Member State of the European Union, under whose authority the non-

linear television broadcasting organisation falls, takes measures. The Flemish Media

Regulator can only have the supply of the non-linear service suspended or halted if the

Member State of the European Union has not or have insufficiently reacted to the request of

the Flemish Media Regulator.

In urgent cases the Flemish Media Regulator can deviate from the second paragraph. In that

case the order to suspend of halt the supply of the nonlinear television services must be

made known to the European Commission and the Member State, under whose authority the

non-linear television broadcasting organisation falls, in as short a time as possible, stating

the reasons for urgency.

The provisions of this Article are applicable irrespective of potential legal cases, including the

preliminary investigation and actions performed within the scope of a criminal investigation.

Part IV. — Services providers

Heading I. — General provisions

Art. 177. Each service provider in the Flemish Community that introduces a range of

broadcasting services onto the market must inform the Flemish Media Regulator of this at

least fourteen calendar days prior to these services starting. The notification is submitted in

accordance with Article 219.

The notification contains at least the identification of the legal person, the services offered

with the contractual conditions for using the services, and the electronic communication

network that is used in order to transmit these services.

The Flemish Media Regulator determines the details to be further supplied that must contain

the notification and the subsequent amendments to these details that must be made known

to the Flemish Media Regulator.

Art. 178. The provisions of this section are not applicable to the service providers who offer

their services by means of a collective antenna, as specified in Article 197.

Art. 179. Service providers make at least the following information easily, directly and

permanently available to those using its services:

1st the name of the services provider;

2nd the geographical address where the service provider is locate;

3rd further detail that make rapid contact and direct and effective communication with the

services provider possible, including its electronic mail address;


4th if a service provider has been entered in a business register publicly available register: the

company number, registration number, and if appropriate the VAT number;

5th the nature and the content of the services that it provides.

Art. 180. Service providers make commercial communication that is part of their service

clearly recognisable as such. The provisions in section II, III, IV part II, heading II, chapter IV,

are applicable to the commercial communication that service providers present to

subscribers in their own services.

Service providers take all reasonable technical measures in order to ensure that the access

of minors to broadcast services that could seriously affect their physical, mental or moral

development can be restricted, or that their programming does not include such services and

make these measures known to those using their services. This obligation is applicable to all

broadcasting services in their programming, and to the electronic programme guide or other

audio-visual or text-based information that is part of their service provision.

Art. 181. A service provider is permitted to offer an electronic programme guide through the

electronic communication network that it uses.

Service providers can be obliged by the Flemish Media Regulator, if necessary in order to

guarantee end users’ access to specified digital broadcast services, to offer access to

application-programme interfaces and electronic programme guides under moderate,

reasonable and non-discriminatory conditions.

The Flemish Authority can lay down conditions for the installation of, access to and the

presentation of electronic programme guides that are used in relation to digital channels, if

this is necessary in order to ensure end users’ access to a number of clearly specified digital

channels that are available in the Flemish Community.

Art. 182. The service providers every year submit an annual operational report, stating the

shareholder structure, the number of subscribers and the channels supplied, and the annual

account, approved by the general meeting of shareholders, to the Flemish Media Regulator.

Art. 183. The service providers cannot be held liable for the information provided by the

channels or for providing access to this information, nor for the information stored at the

request of the broadcasting organisation, on the condition that there is compliance with each

of the following conditions:

1st in the case of linear and non-linear services, the services provider does not amend the

information provided by the broadcasting organisations;

2nd in the case of non-linear services, the initiative to provide the information is not with the

service provider;

3rd in the case of non-linear services, the party receiving the information in relation to

services is not determined by the service provider;


The first paragraph does not infringe on the possibility of the Flemish Media Regulator to

require, in accordance with the provisions of this decree, that the service provider ceases or

prevents an infringement.

Art 184. The service provider using a ether broadcasting network or an entity that exercises

control over this can exclusively acquire no more than a third of the digital capacity of that

network that is intended for use with this same technology.

Heading II. — Transmission possibilities and transmissions obligations

Art. 185. § 1. The service providers that use networks that are the most important means of

receiving channels for a significant number of end users, offer their services in accordance

with the provisions of Article 186.

The linear channels specified in Article 186, § 1 and § 2, must – for the purposes of insuring

pluralism and cultural diversity in the broadcast services’ programming – be offered

unabridged and in their entirety.

§ 2. Service providers that offer their services through networks that are not the most

important means of receiving channels for a significant number of end users can transmit the

channels in accordance with the provisions of Article 187.

§ 3. The networks specified in § 1, first paragraph, are registered by the Flemish Authority at

least every three years on the advice of the Flemish Media Regulator. The Flemish Authority

first registers these networks in the calendar year that follows the date that this decree

comes into effect, and can revise this provision after at least one year has passed, and

subsequently every year.

Art. 186. § 1. The service providers specified in Article 185, first paragraph, must provide in

their entirety the following linear channels in the basic offer at the moment they are

broadcast:

1st the channels of the public broadcasting organisation of the Flemish Community;

2nd the channels of the regional public broadcasting organisation. This is transmitted free of

cost, simultaneously and unabridged within the service area of this regional television

broadcasting organisation. The lack of charge involves both the supply and transmission of

the channel;

3rd two radio and two television channels of the public broadcasting organisation of the

French Community and of the German-language Community;

4th two radio channels and the television channels of the Dutch public broadcasting

organisation.

The Flemish Community is not liable to pay any fee to the service provider for the obligatory

transmission of the channels mentioned above.


§ 2. The Flemish Authority can, on the recommendation of the Flemish Media Regulator,

decide that further channels of the broadcasting organisation fall under this transmission

obligation, provided that these broadcasting organisations comply with the following

conditions:

1st that provide fully-fledged news bulletin that is produced by an in-house editorial team that

consists principally of recognised professional journalists;

2nd they ensure varied, diverse and pluralistic programming that contains among other things

informative and cultural programmes and consists at least for a certain percentage of Dutch-

language programmes;

3rd they subtitle a certain percentage of the programmes for the deaf and hard of hearing.

The Flemish Authority determines the percentages specified in the first paragraph, 2nd and

3rd.

§ 3. The service providers specified in Article 185, §1, first paragraph, may provide in their

entirety the following linear channels in the basic offer at the moment they are broadcast:

1st channels of the broadcasting organisations recognised by the Flemish Community or

registered with the Flemish Media Regulator that do not fall under paragraph 1;

2nd the non-linear channels of the broadcasting organisation specified in paragraph 1;

3rd digital radio channels of the public broadcasting organisation of the Flemish Community,

and radio channels of the recognised or registered radio broadcasting organisations, with

which the provisions of the broadcasting licences for the recognised radio organisations, in

the case of the service area national, local and regional radio organisations, is respected;

4th channels of all regional television broadcasting organisations recognised by the Flemish

Community if these broadcasting channels are offered in a supplementary service offer for a

charge;

5th channels of the broadcasting organisations of the French-language and German-

language Community of Belgium that do not fall under the application of paragraph, and that

are aimed at the entire Community;

6th channels of broadcasting organisations that fall under the authority of another Member

State of the European Union;

7th provided that prior approval has been granted by the Flemish Media Regulator that can

lay down conditions in relation to this, the channels of broadcasting organisations that fall

under the authority of a country not belonging to the European Community.

§ 4. The Flemish Media Regulator must be informed in advance of the provision of new

channels. The notification contains the transmission location, the headquarters and states

the country with authority over the broadcasting organisation.

Art. 187. The service providers that use the network electronic communication networks

providers, whose network is not the most important means of receiving channels for a

significant number of end users, may transmit the following channels:

1st channels of the public broadcasting organisation of the Flemish Community;

2nd channels of the broadcasting organisations recognised by the Flemish Community or

registered with the Flemish Media Regulator;


3rd channels of public broadcasting organisations of the French and German-language

Community of Belgium;

4th channels of the broadcasting organisations of the French and German-language

Community of Belgium that are aimed at the entire community;

5th channels of the broadcasting organisations that fall under the authority of a Member State

of the European Community;

6th provided that the Flemish Media Regulator – who in relation to this can lay down

conditions – grants prior approval, the channels of broadcasting organisations that fall under

the authority of a country that does not belong to the European Community.

The Flemish Media Regulator must be informed in advance of the provision of new channels.

The notification contains the transmission location, the headquarters and states the country

with authority over the broadcasting organisation.

Art. 188. — A service provider is not permitted to transmit channels other than those for

which transmission has been granted by virtue of this heading, subject to approval of the

Flemish Media Regulator, that can attach conditions to this.

A service provider may itself use an analogue and two digital channels if it uses these

principally to provide information concerning the channels and he services it provides or

offers, and concerning the possibilities that influence the operation of the services.

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