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IRIS 2021-8:1/16 [CZ] TEST Court upholds the Broadcasting Council's decision on unfair commercial practices

The Broadcasting Council of the Czech Republic imposed a fine of CZK 200 000 (EUR 8 000) on Telemedia InteracTV Production Home Limited, as the advertiser, for violating Article 2 paragraph b) of the Act on the Regulation of Advertising, which was committed by entering a teleshopping block entitled "Line of Love", broadcast on 21 August 2017 from 10:10 a.m. to 11:11 a.m. on the JOJ Family program. This is an unfair business practice according to Article 4 paragraph 1 of Act No. 634/1992 Coll., on consumer protection (hereinafter the “Consumer Protection Act”), in that...

IRIS 2021-6:1/16 [CZ] Decision of the Supreme Adminstative Court on defective advertising

On 31 March 2021, the Czech Supreme Administrative Court upheld the judgement of the Regional Court of Brno in the case INDEX ČECHY s.r.o. against the Ministry of Industry and Trade concerning unlawful advertising. In 29 June 2016, the Regional Office of the South Moravian Region imposed a fine of CZK 50,000 on the plaintiff for committing an administrative offence pursuant to Section 8a (3) d) of Act No. 40/1995 Coll., on the regulation of advertising. It produced an advertisement in the form of a double-sided leaflet, which was publicly distributed in a quantity of 213,689, and which...

IRIS 2021-6:1/36 [CZ] Decision of the Supreme Court on television and radio fees

On 15 December 2020, the Czech Supreme Court decided that television and radio fees are a mandatory payment similar to tax, within the meaning of Section 240 of the Penal Code. The decision granted the appeal of the Supreme Public Prosecutor in the case of two entrepreneurs who had not paid a total of over CZK 300 thousand in television fees. The criminal offene of evading tax, fees and similar mandatory payments, pursuant to Section 240 of the Penal Code, is committed by a person who evades tax, customs, social security premiums, contributions to the state employment policy, accident insurance...

IRIS 2020-8:1/5 [CZ] Broadcasting Council punished unfair commercial practice

The Council for Radio and Television Broadcasting of the Czech Republic, as the central regulatory authority, imposed a fine on Emporia Style Kft. on 5 May 2020 for deceptive advertising on a teleshopping channel. The company was found guilty in accordance with the provisions of Article 8a, paragraph 2b of Act No. 40/1995 Coll. of a violation of the provisions of Article 2, paragraph 1b of Act No. 40/1995 Coll. for commissioning broadcasting slots for the Gallery programme of teleshopping broadcaster Klenot TV on 16 July 2019. Under the provisions of section 4, paragraph 3 of Act No. 634/1992...

IRIS 2020-2:1/4 Broadcasting Council punished misleading advertising

The Council for Radio and TV Broadcasting of the Czech Republic issued this decision: The company BILLA, Limited, is guilty of committing an offence in violation of section 5d (2) of Act No. 40/1995 Coll., pursuant to Article (a), Regulation (EU) No. 1169/2011/EU of the European Parliament and of the Council, by making the BILLA advertisement aired on TV NOVA on 18 March 2019, from 16:16:11, as the advertisement contains misleading information on the characteristics and the nature of the 'apricot pocket' bakery product sold in the BILLA stores. The advertisement begins with the statement...