WRITTEN QUESTION No. 1640/98 by Cristiana MUSCARDINI to the Commission. Encryption of radio and television by RAI (Italian state radio and television service)
Date: 1998-05-29
Institutions: European Parliament, MUSCARDINI
Subjects: Italy, application of EU law, broadcasting, competence of the Member States, cultural event, law relating to information, public service, sporting event, television













EUR-Lex - 91998E1640 - EN






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91998E1640

WRITTEN QUESTION No. 1640/98 by Cristiana MUSCARDINI to the Commission. Encryption of radio and television by RAI (Italian state radio and television service)  


Official Journal C 050 , 22/02/1999 P. 0061 





WRITTEN QUESTION E-1640/98by Cristiana Muscardini (NI) to the Commission(29 May 1998)Subject: Encryption of radio and television by RAI (Italian state radio and television service)Under Article F(2) of the Treaty, the European Union must respect the fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as general principles of Community law.With reference to the provision of public radio and television services, the Member States must take the necessary measures to protect the right to information and ensure that their citizens have access to broadcasts of national and international events of great importance for society, such as the Olympic Games, the Football World Cup and the European Football Championship, by adopting measures compatible with Community law to regulate broadcasting activities. Pursuant to Article 128(4) of the Treaty, the Union must take into account cultural aspects in its action.Public services come within the context of "free television". All measures aimed at limiting reception and/or suspending television broadcasts are governed by Directive 89/552/EEC(1), as amended by Directive 97/36/EEC(2), and failure to comply with them is a breach of Community law.In view of these facts, can the Commission check whether RAI, the Italian public service radio and television network, is complying with Articles 2(1) and (2), 2a(1), 3a(1), 11(1), 18 and 22a of the directive and can it take action to bring to an end RAI's current practice of systematically encrypting programmes intended for abroad?Answer given by Mr Oreja on behalf of the Commission(20 July 1998)Under Article 3 of Directive 89/552/EEC (known as the "Television Without Frontiers" Directive), as amended by Directive 97/36/EC, the responsibility to ensure that broadcasters comply with the rules (including those mentioned by the Honourable Member) lies first and foremost with Member States. Under Article 155 of the EC Treaty, the Commission must ensure that Community law (in this case, the "Television Without Frontiers" Directive) is correctly transposed into national law and correctly applied. The Commission would thus examine very carefully any complaint submitted but, in the case in point, no complaint has yet been received.The Commission has no legal means to prevent the RAI from broadcasting encrypted programmes abroad. This is a contractual matter between the broadcaster and the holders of the rights.(1) OJ L 298, 17.10.1989, p. 23.(2) OJ L 202, 30.7.1997, p. 60.