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IRIS 2018-8:1/36 [RO] The Audiovisual Law, back to the Parliament

More initiatives to modify the Audiovisual Law No. 504/2002 with further modifications and completions were partly rejected and partly approved by 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, IRIS 2018-6/30). On 7 May 2018, the Romanian Senate (upper chamber of the Parliament) rejected a draft law for the modification of the Audiovisual Law No. 504/2002. The decision of the Senate is final. This draft law had already been rejected earlier by the Chamber...

IRIS 2018-8:1/34 [LV] Amendments to the Electronic Mass Media Law adopted

On 20 June 2018, new amendments to the Latvian Electronic Mass Media Law (EMML) which provide inter alia that public service broadcasters leave the advertising market, as well as other important amendments, were decided. As several of the amendments introduce significant new concepts and rules, there are relevant transition terms provided in the amendments and different dates for full implementation. The decision requiring public service broadcasters to leave the commercial advertising market will come into force in 2021, subject to the right to receive additional public funding from the state...

IRIS 2018-8:1/33 [IT] Italian Parliament approves ban on gambling advertising

On 7 August 2018, the Italian Parliament approved a set of economic and social measures by passing into law the so-called ‘Dignity Decree’ issued by the government in July (Law Decree 12 July, 2018, No. 87) ( the “Decree’”). Among other things, the Decree has established a general ban on gambling advertising with a view to increasing consumer protection and preventing gambling addiction (ludopathy). Pursuant to Article 9, paragraph 1, the following is banned: any form of advertising, including indirect advertising, relating to games or gambling with winnings in money, however carried out and in...

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...