As of February 1, two new television channels were introduced in the Flemish Region via the cable network: KA2, the second channel of VTM, and VT4.

The decision of January 16, 1995 of the Flemish Culture Minister prohibiting the cable network companies from transmitting the programs of VT4 (arguing that it was a Flemish company abusing an English non home-broadcast license to get around the 18-year monopoly of VTM as the only Flemish commercial television company) has in fact been suspended by the President of the 4th Chamber of the State Council in a decision of January 24, 1995.

In this first decision on this issue, the President decided that there were serious reasons to argue that the decision of the Minister in fact aimed at protecting an illegal monopoly and was contrary to the European Free Television Directive, and that this prohibition would give KA2 a competitive advantage, qualifying for VT4 as a serious disadvantage that is difficult to remedy.

On that basis, most cable network companies have decided to transmit VT4.

This is not the final decision however. The suspension decision will in fact have to be confirmed by the full fourth chamber of the State Council within 45 days; the hearing is scheduled on February 14. If the suspension is confirmed, a decision on the merits has to be taken within 6 months. If the suspension is cancelled, a decision on the merits could take at least a year. Only then, will one know with certainty whether or not the Flemish Region can prohibit the broadcasting of VT4 or similar television companies.

The Minister has already admitted that he could not prohibit foreign EU television companies (not aimed at Flanders) from also being transmitted in Flanders.

The content of this article is intended to provide general information on the subject matter. It is therefore not a substitute for specialist advice.

De Bandt, van Hecke & Lagae - Brussels. (32-2)517.91.40.
For further information contact Vincent Macq on + 32.2. 517.94.47.