THE PROGRAMME IN THE COUNTRY IN WHICH IT IS ESTABLISHED BY MEANS OF A TRANSMITTER OR A CABLE NETWORK, PROVIDED THAT :
THE PROGRAMME DOES NOT CONTAIN ADVERTISEMENTS INTENDED ESPECIALLY FOR THE PUBLIC IN THE NETHERLANDS;
THE PROGRAMME DOES NOT CONTAIN SUBTITLES IN DUTCH, UNLESS AUTHORIZATION HAS BEEN GRANTED BY THE MINISTER ".
4 ACCORDING TO THE EXPLANATORY NOTE TO THE KABELREGELING, THE PROHIBITIONS IN QUESTION DO NOT APPLY TO THE RELAYING ( DOORGIFTE ) BY A CABLE NETWORK OPERATOR OF PROGRAMMES BROADCAST OVER THE AIR . ACCORDING TO THE NETHERLANDS GOVERNMENT, THE REASON FOR THIS IS THAT IN PRINCIPLE SUCH PROGRAMMES DO NOT CONTAIN ADVERTISING INTENDED ESPECIALLY FOR THE PUBLIC IN THE NETHERLANDS AND ARE CAPABLE OF BEING RECEIVED DIRECTLY BY AT LEAST SOME TELEVISION VIEWERS IN THE NETHERLANDS . THE NETHERLANDS GOVERNMENT ALSO EXPRESSED THE VIEW, WHICH WAS NOT CONTRADICTED BY THE ADVERTISERS, THAT THE PROHIBITIONS SET OUT IN THE KABELREGELING APPLY ONLY WHERE A CABLE NETWORK OPERATOR RELAYS ( OVERBRENGING ) PROGRAMMES SENT TO IT BY A FOREIGN TRANSMITTER "POINT-TO-POINT" VIA A TELECOMMUNICATION SATELLITE, AS IN THE CASE OF PROGRAMMES TRANSMITTED BY SKY CHANNEL OR TV 5 .
5 ACCORDING TO THE EXPLANATORY NOTE TO THE KABELREGELING THE PROHIBITIONS OF ADVERTISING AND SUBTITLING ARE INTENDED TO PREVENT "THE INDIRECT ESTABLISHMENT IN THE NETHERLANDS OF A CABLE OR SUBSCRIBER COMMERCIAL TELEVISION SERVICE WHICH WOULD UNFAIRLY COMPETE WITH NATIONAL BROADCASTING AND WITH NETHERLANDS TELEVISION BY SUBSCRIPTION WHICH HAS STILL TO BE DEVELOPED ".
6 THE OMROEPWET 1967 ( BROADCASTING LAW ) ( STAATSBLAD 176 ) AIMS TO INTRODUCE ON THE TWO NATIONAL TELEVISION CHANNELS A PLURALISTIC, NON-COMMERCIAL BROADCASTING SYSTEM . UNDER ARTICLES 27 AND 29 OF THAT LAW, AIR TIME AVAILABLE FOR THE BROADCASTING OF PROGRAMMES ON THE TWO CHANNELS IS DIVIDED BETWEEN THE NEDERLANDSE OMROEPSTICHTING ( NETHERLANDS BROADCASTING FOUNDATION, HEREINAFTER REFERRED TO AS "THE NOS "), ON THE ONE HAND, AND A NUMBER OF BROADCASTING ORGANIZATIONS APPROVED BY THE COMPETENT MINISTER ( THE OMROEPORGANISATIES ) WHICH REPRESENT INTER ALIA THE MAIN SCHOOLS OF THOUGHT IN DUTCH SOCIETY, ON THE OTHER . UNDER ARTICLE 36 OF THE OMROEPWET, THE NOS HAS TO PRODUCE A COMMON SERVICE INCLUDING, AMONG OTHER THINGS, THE TELEVISION NEWS . IN ADDITION, ARTICLE 35 OF THE OMROEPWET REQUIRES EACH OMROEPORGANISATIE TO PRODUCE A COMPREHENSIVE SERVICE, INCLUDING REASONABLE PROPORTIONS OF CULTURAL, EDUCATIONAL, ENTERTAINMENT AND INFORMATIVE BROADCASTS .
7 ARTICLE 11 OF THE OMROEPWET PROHIBITS OMROEPORGANISATIES FROM BROADCASTING ADVERTISEMENTS AT THE REQUEST OF THIRD PARTIES . UNDER ARTICLE 50 OF THAT LAW, THE RIGHT TO BROADCAST ADVERTISEMENTS ON THE TWO NATIONAL TELEVISION CHANNELS IS CONFINED TO THE STICHTING ETHERRECLAME ( TELEVISION AND RADIO ADVERTISING FOUNDATION ), HEREINAFTER REFERRED TO AS THE "STER ". THE STER DOES NOT MAKE THE ADVERTISEMENTS ITSELF; IT MERELY ARRANGES FOR ADVERTISING PRODUCED BY THIRD PARTIES TO BE BROADCAST AND MAKES AIR TIME AVAILABLE FOR THAT PURPOSE . UNDER ARTICLE 6 ( 2 ) OF ITS STATUTE THE STER HAS TO PAY OVER ITS RECEIPTS TO THE STATE, WHICH USES THEM TO SUBSIDIZE