§ Sir Teddy TaylorTo ask the Secretary of State for National Heritage if he has been notified by the Commission of the European Union of the action it intends to initiate in the European Court against the United Kingdom on the broadcasting directive; and if he will make a statement.
§ Mr. BrookeWe have been notified that the Commission has decided to open proceedings against the United Kingdom in the European Court of Justice over the way in which we have implemented article 2 of the "television without frontiers" directive. Under section 43 of the Broadcasting Act 1990, the criterion for deciding whether satellite television services fall within United Kingdom jurisdiction is the place where the broadcasting signals are uplinked. The Commission argues that the appropriate criterion is the place where the broadcaster is established. This difference of approach does not, however, appear to have been of any practical significance in terms of our ability to take action against unacceptable services.