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I can't see a case that could be made, pretty much every European has state sponsored television.
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*European nation
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I think the reason why it's never been challenged in some European court of law is because they've got the same bloody laws over there!
That was just for emphasis. ![]() |
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Oops! Sorry, Clunge. Didn't realise there was another page.
![]() ![]() I'm sure this lot just pretend to like adverts, really. |
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"But the fee couldn't be abolished. That, of course, should read 'wouldn't'. Why should it be abolished. If you want to receive broadcasts, then you pay for that privilege. Simple as that. Whatever next? People just broadcasting whatever they want? It simply will not do! Measures of control are necessary. Hence the laws."
I can't fathom out whether this is serious or not. Why the hell do I need the permission of the state (for a chunky fee of course) to watch the TV? It's not a 'privilege' any more than reading a book, or a newspaper or surfing the net. And why are 'measures of control' necessary? What sort of authoritarian lunatic are you? |
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Naydam
Tell me, is it true that Brussels, where the European court is have abolished the tv license mechanism or is that not true? |
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I think the reason why it's never been challenged in some European court of law is because they've got the same bloody laws over there!
naydam getting a bit cockey, I hope he's correct....or is it just clunge's foot up his arse working him like a puppet? |
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To be honest Dustybin I'm struggling to think of how on earth the Tv Licence and offence of failing to have one in the UK is anything to do with European courts.
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Because its anti competitive from a business stand point.
How can it be an offence for the individual to want to pay for what they watch? it isnt consistent with a persons rights when the state cant be arsed to provide an alternative in the form of making their product opt out-able. How can the action of paying to watch subscription only tv be an offence in any real world? By the way, Brussels abolished the tv license as they didnt think the format worked, for the likes of naydam to scoff that simply because there is state imposed licensing within europe that means courts cant review the facts and make determinations against them is frankly wrong. |
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If the European courts can rule against Microsoft packaging products together (coupling Internet explorer with windows from recollection) then how different is it to rule against the state forcing any individual purchasing a tv to watch broadcasts to have to pay to take BBC whether they want it or not?
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Because microsoft isnt a publicly owned company.
The BBC ensures that quality tv is available even for those too stupid to want it. |
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whether they are wrong to not want it or not isn't the issue
choice is whether one believes the BBC do or don't do a good job in providing unbiased productions what isn't debatable is the fact that its extremely inefficient and the tax payer gets a rum deal due to a behemoth corporation that wastes money and stifles competition. |
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But makes programmes the rest of the world admire. The suggestion was not to abandon the BBC but to make it subscription lead, and my response related to that. By all means make it more efficient.
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im not against public or nationalisation, the pint here isn't that the bbd shouldn't exist its that it shouldn't act like the feckin mafia forcing ppl to take it even if they don't watch it, they should make it avoidable that is the point, and become more efficient in salaries to egos or subsidise entertainment shows.
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bbc
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It's a licence set up and legislated for by the government and the government uses that revenue to fund a publicaly owned corporation that the government also contracts to collect the licensing fees.
It's nothing to do with the EU courts it would be a bit like trying to take NHS dentists to the EU court of justice because their public funding breaches anti-competition laws. |
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Nobody has to watch it.
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but if the collecting of said license were to be anti competitive to private companies then who can't the European court legislate on that?
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you are correct clung
but you HAVE to pay for it pretty much my point of unfairness |
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*why can't
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No ! you may have to pay a subscription, keep quiet! somebody
always rocks the boat and makes things worse. |
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Im not totally sure where the power struggle lays between europe and parliament.
I was of the impression that we no longer have sovereignty. If the european courts can tell a reluctant government that whilst they are part of the EU they will be liable to be told exactly which constituents can (or not) vote in elections (prisoners) then to me that sounds pretty conclusive that europe have the whip hand now over deciding what can and can't be done here Irrespective whether it might be constitutional or not. |
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If the BBC was a private company being subsidised by the state then yes that would likely be a matter for the ECJ under anti-competition laws. However it's not against EU law for a public organisation to be subsidised by the state which is what is happening by the state funding the BBC by the licence fee and it's not against someones human rights to make it a criminal offence for failing to have the appropriate licence required by law so it's nothing to d with the ECHR either.
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should be a subscription only service.
I would happily pay £5 a month for it. |
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And how much would you happily pay for your licence?
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hold on Emden ...dats a bit steep IS IT NOT ? ,corny xfact and poridge repeats only worth 2.50 tops imo
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http://www.youtube.com/watch?v=4lzS8yW8INA&feature=kp
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Shrewd dude
So are you saying no public company can be tested on a point of law in a court while everything else including government policy etc can and is? As a matter of interest do you know what the actual decree is that says this? Seems rather bizarre, things don't cease to become unjust just because they occur within the public sector. So what happens to human rights for eg? They abandoned? |
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What I'm trying to find out is what is the definition that defines the following difference?
Why is the action considered anti competitive for a private company to provide a free product along with a purchased one (since a competing version of that free product is offered by other private companies who are harmed as a result) Yet forcing a customer to purchase channels that make programmes that are in direct competition with other private companies isn't anti competitive because its a public company? Surely anti competitive is anti competitive? |
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the bbc is unique. no other broadcaster operates in the same way. if the public are fed up it will go but i think right now the people are in favour
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the bbc is unique. no other broadcaster operates in the same way
you can say that again - we're the only mugs that would put up with it. |
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So are you saying no public company can be tested on a point of law in a court while everything else including government policy etc can and is?
No I'm saying the state funding a public organisation through a licence fee is nothing to do with European courts. As a matter of interest do you know what the actual decree is that says this? No, legislatures don't usually legislate for the things which aren't against the law. Seems rather bizarre, things don't cease to become unjust just because they occur within the public sector. So what happens to human rights for eg? They abandoned? Dustybin you're the one who is banging on about the TV licence being against European law so why don't you point to the part where the BBC licence Fee goes against European law or breaches the ECHR. |
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Hang on, the question is that however you get to an end result if that end result is unlawful then it can be challenged.
Being anti competitive is unlawful and within the court' remit to determine and legislate is that correct? Irrespective of whether a license mechanism is used or whether the state simply sells a product, a law is created that means a person taking a transmitted broadcast has to pay the state for the license which then subsidises the public organisation. So are we saying that public organisations do not fall within the remit of the court IF a judgement is deemed to be required? I can't see how the fact it is a license alters the fact it's anti competitive given the following. A person on limited personal disposable income looks to purchase a broadcast. The forced requirement imposed by the law in the form of needing to purchase a license to receive the broadcasts from anybody that then subsidises the creation of the very programmes that compete against companies who charge for their products. These subsidised programmes are free. The customer now has no money to purchase the competitions programming. Whichever way you look at it the state is forcibly charging any individual in the market to purchase broadcasts at the detriment if the other companies. To me that is anti competitive. If the money from the license didn't pay for the production of the free programmes or if the product was optional to take on subscription then it wouldn't be the case, but neither of these are true. I understand this might be drawing out the question and is frustrating but it's something that I've never fully understood and to me seems an inconsistency that has potential to be challenged. Unless as you suggested earlier it's as simple as saying because the action is committed by state then you can't question it. |
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Dusty it's no different than saying the Post Office was anti competitive because it was subsidised by the state through taxes at the detriment to DHL etc.
Why haven't SKY, Virgin or BT made an application to the ECJ? |
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That's what I'm asking essentially, I wanted to know what stops a test case, is it that its a state organisation, and if so what is the actual decree that says it can't?
Yes the example is right essentially if a precedent of anti competition has been set then I don't see how sate funded organisations arnt anti competitive. |
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For the record I was asking based on the logic of the situation, not that I'm in any way a supporter of privatisation.
I'm a believer of Keynesianism and believe in state run organisations, but they could be run better. |
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And worse.
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Because the organisations provide public services.
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They may provide public services, but the are managed in a manner like crony capitalism.
They even refer to the over inflated salaries (of individuals that cost more than the sum of the parts) as 'talent', sounds awfully similar to the banking sector. We are supposedly all shareholders yet only a few get to shape it. IMV the BBC would do well sticking to making news and cultural affairs programming, charge for that in a similar manner (at lower cost), get rid of the ego (as they arnt needed for those programmes) and make 'light entertainment' subscription based. If they insist on making tired copies of talent contests or dancing shows that appeal to groups within the whole population then they can pay for them, what sticks im my craw is that they arnt being tested but being protected, if they want to make good programming to compete then they cant be subsidised. |
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I think they do rather well considering the large number of viewers who seek to avoid paying their licence fee. You know who you are!
And so do WE! ![]() ![]() ![]() ![]() |