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The Spanish Ministry of Economy and Business has opened a public consultation process to gather the opinions of stakeholders in the audiovisual industry and other interested parties on the implementation of the EU’s Audiovisual Media Services Directive (“the AVMS Directive”), which will modify Law 7/2010 on Audiovisual Communication (the AVMS Directive). The Ministry seeks the participation of audiovisual-sector agents, public administrations, agents from other sectors linked to the audiovisual sector, representatives of consumer associations and user associations, and members of society in general. The...

On 21 January 2019, the Bayerische Landeszentrale für neue Medien (Bavarian New Media Authority - BLM), one of 14 German regional media authorities that monitor radio, television and telemedia services, announced that it had prohibited Amazon Instant Video Germany GmbH from broadcasting an episode from a German series with immediate effect because it infringed the ban on surreptitious advertising. The case concerns the German-produced sitcom “Pastewka”, which depicts the day-to-day struggles of the protagonist, Bastian Pastewka. The first seven series were broadcast by German TV channel Sat.1 until...

In a ruling of 8 January 2019, the Kammergericht Berlin (Berlin Court of Appeal - KG Berlin) addressed the question of when influencers should label social media posts as advertising. It decided that posts containing links to product providers do not generally need to be labelled as advertising. Rather, the question of whether the content of a post is functionally linked to the promotion of the company concerned should be checked on a case-by-case basis. The judgment is the first to set out principles for distinguishing between advertising and the editorial content of influencers and is relevant...

The Romanian Government and the national public broadcaster will continue to support the cinema industry in 2019 (see IRIS 2003-2/23, IRIS 2005-8/28, IRIS 2010-7/34, IRIS 2011-2/5, IRIS 2013-9/22, IRIS 2016-10/23, IRIS 2018-2/29, IRIS 2018-3/29, IRIS 2018-8/37). The Romanian Government will continue to support the film industry by granting state aid to film producers who will promote the national cultural identity and national minorities in Romania, as well as geographical areas or a city in the country. The National Commission for Strategy and Prognosis announced the opening of the 2019 session...

The issue concerned the showing of an advertisement for a granola product placed by the Kellogg Marketing and Sales Company (UK) Ltd. The advertisement appeared between episodes of the Mr Bean cartoon. The complainant was the Obesity Health Alliance which argued that it was an ad for a product that was high in fat, salt or sugar (HFSS product) that was advertised in programmes commissioned for, principally directed at or likely to appeal to audiences below the age of 16. As such, it infringed the Broadcasting Committee of Advertising Practice’s (BCAP) Code rules 32.5. and 32.5.1, namely: These...