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IRIS 2018-8:1/16 [DE] Draft new Inter-State Media Agreement and associated online consultation

On 13 June 2018, the Broadcasting Commission of the German Bundesländer published a first working draft of an amended Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement), which will be known as the new Medienstaatsvertrag (Inter-State Media Agreement). According to Articles 30 and 70 of the Grundgesetz (Basic Law), legislative powers regarding the media in Germany are held by the Bundesländer, which have been coordinating their respective broadcasting laws by means of inter-state agreements since 1987. Through approval laws or resolutions adopted by the Länder, inter-state agreements are...

IRIS 2018-8:1/14 [CZ] Fine for unfair commercial practice concerning advertisement on TV

The Council for Radio and TV Broadcasting imposed a fine of CZK 500 000 (EUR 20 000) on the advertiser of a commercial message — Central European Stone Trade Enterprises Kft. — due to unfair commercial practices. The Council stated that in the TV programme "Barrandov" on 30 March 2017, the advertiser infringed section 2 (1) (b) of the Czech Advertisement Regulation Act (Act No. 40/1995 Coll.) and Article 4 (3) of the Czech Consumer Protection Act (Act No. 634/1992 Coll.). It alleged that the advertiser had falsely declared that a piece of jewellery of the "Saint Margaret Collection" could cure...

IRIS 2018-8:1/10 [BG] Sector analysis on the competitive environment of the media market in Bulgaria

At the beginning of July 2018, the Commission for Protection of Competition announced its decision No. 717, dated 28 June 2018, in which it had carried out a sector analysis of the media market in the country. The research was done at the request of the Minister of Economics, the Minister of Finance and the Minister of Culture. During the research, the Commission for Protection of Competition - the national Competition Authority - got in touch with institutions, trade unions, associations and co-operations as well as with many undertakings, participants in the respective markets in the sector,...

IRIS 2018-8:1/5 Court of Justice of the European Union: Grand Chamber judgment on the concept of a data controller

On 5 June 2018, the Court of Justice of the European Union (CJEU) delivered a judgment in the case of Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH (Case C-210/16). The judgment interprets the notion of a “controller” - one of the key concepts of the European data protection framework - within the context of a relationship between Facebook and the administrator of a fan page created on Facebook's platform. In addition, it clarifies the scope of the enforcement powers of the national data protection authorities in relation to local offices...

IRIS 2018-6:1/30 [RO] Initiatives to modify the Audiovisual Law

More initiatives to modify the Audiovisual Law no. 504/2002 with further modifications and completions were or are discussed in the Romanian Parliament (see inter alia IRIS 2013-3/26, IRIS 2014-1/37, IRIS 2014-7 /29, IRIS 2014-9/26, IRIS 2015-10/27, IRIS 2016-2/26, IRIS 2016-10/24, IRIS 2017-1/30, IRIS 2017-7/28). The Romanian Senate (upper chamber of the Parliament) rejected on 19 February 2018 a proposed combined modification of the Law no. 148 of July 26, 2000, regarding the advertising and of the Law no. 504/2002 on the audiovisual. The decision of the Senate was final. The draft law had been...