Keyword: Mediarecht

The jurisdiction of member states over transnationally operating broadcasters as laid down in the former version of the Television without Frontiers Directive has repeatedly caused legal conflicts. The issue of jurisdiction is of particular importance for the transborder activities of broadcasters, since national laws governing the transmission of broadcasts differ considerably in such important areas as advertisement rules and the protection of minors. In a number of recent decisions, the European Court of Justice clarified the principle of member states’ jurisdiction over broadcasters. This article provides an overview of the relevant judgements of the court, also taking into account the corresponding provisions of the (revised) Television without Frontiers Directive.

As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.