Germany

[DE] New Advertising Guidelines

IRIS 1998-6:1/20

Stefan Sporn

Institute of European Media Law (EMR), Saarbrücken/Brussels

The fifteen Land media authorities, which are responsible for supervising private broadcasting, have issued new joint guidelines on advertising, to ensure separation of advertising and programme material, and on television and radio sponsorship. Adopted on 16 December 1997, the new regulations have been in force since 21 April 1998. They implement Article 46 of the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrages - RStV), which requires the Land media authorities to introduce such regulations. The advertising guidelines embody the law's requirements concerning the use of advertising and sponsorship by private broadcasters to finance their programmes. They amend the guidelines in force since 8 November 1994 in the light of recent rulings and of the approaches followed by other supervisory bodies in implementing the Agreement between Federal States on Broadcasting and European law. Section 1 of the preamble to the guidelines states that the purpose of the regulations is to ensure that advertising does not mislead, does not harm consumers' interests, and does not promote conduct which endangers the health or safety of individuals, or protection of the environment. Section 2 states that the guidelines apply to commercial advertising only, and do not affect the admissibility of charity appeals.