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IRIS 2014-3:1/1 European Court of Human Rights: Lillo-Stenberg and Sæther v. Norway

The applicants in this case are Lars Lillo-Stenberg and Andrine Sæther, respectively a well-known musician and an actress in Norway, who complained about press invasion of their privacy during their wedding on 20 August 2005. The wedding took place outdoors on an islet in the Oslo fjord that was accessible to the public. Without the couple’s consent, the weekly magazine Se og Hør subsequently published a two-page article about the wedding accompanied by six photographs. The pictures were obtained by hiding and using a strong telephoto lens from a distance of approximately 250 metres. The pictures...

IRIS 2013-4:1/25 [NO] Broadcasting Act Harmonised with the AVMS Directive

On 19 October 2012 the Government submitted a proposal to implement the AVMS Directive into Norwegian law by amending kringkastingsloven (the Norwegian Broadcasting Act). The amendment was enacted by Parliament on 10 December 2012 with effect from 1 January 2013. This means that the scope of the Broadcasting Act has been extended to include audiovisual on-demand services, but is limited to on-demand services that are competing with traditional television broadcasts. One of the other main changes to the Act is that it inserts certain exceptions to the previous prohibition against product placement...

IRIS 2013-1:1/31 [NO] The First Ex Ante Test Completed

On 9 November 2012 Kongen i statsråd (Norwegian King in Council - highest administrative level of the executive power) approved that Norsk rikskringkasting AS (the Norwegian public service broadcaster - NRK) could include a new travel and route planner in its public service remit. The new service is a co-operation between NRK, the Directorate of Public Roads, Trafikanten Ltd and Ruter Ltd. In 2009 the Norwegian Broadcasting Act was amended by a regulation requiring a pre-consent from the Government for any significant new service that NRK wants to include in its public service remit. The regulation...

IRIS 2012-7:1/5 Position of the Nordic Consumer Ombudsmen on Marketing in Social Media

On 3 May 2012 the Nordic Consumer Ombudsmen presented a Joint Position regarding marketing in social media. These kinds of guidelines are not legally binding, but are generally well regarded and relied upon by Swedish courts when determining good market practices. In the Joint Position, the Nordic Consumer Ombudsmen confirmed that Marknadsföringslagen (the Swedish Marketing Practices Act - MPA) is technology neutral and applies in full to social media. The Joint Position deals among other things with issues such as (i) unsolicited commercial messages, especially relating to Facebook as this was...

IRIS 2012-1:1/35 [NO] Consumer Ombudsman Renews Call for Ban on Advertising in Cinema Screenings to Children

Following a case of advertising give-aways distributed to cinema audiences at the national release of a children’s film, the Norwegian Consumer Ombudsman has, in interviews with the media, renewed her call for a ban on advertising in connection with film screenings to young audiences. At the national release (99 screens on 28 August 2011) of Coming Home (Til siste hinder), a girls-and-horses epic classified as “suitable for all ages” by the Norwegian Media Authority, the publishers of a magazine/member’s club targeting “horse-loving girls” had bags of advertising matter placed in the cinema seats....