Italy

[IT] RAI files a Complaint against Commercial Broadcasters for Alleged Violation of the

IRIS 1999-4:1/28

Roberto Mastroianni

RTS Radio Télévision Suisse, Geneva

On 5 March 1999 the Italian public broadcaster RAI filed a complaint before the authority in charge of monitoring adherence to domestic and European rules on insertion and duration of advertising according to Art. 1 of legge 249 of 1997 ( Autorità per le garanzie nelle comunicazioni). RAI argued that the commercial broadcasters R.T.I. (Mediaset group), which controls three national channels, and TMC (Cecchi Gori group), which controls two national channels, should be held responsible for violation of the rules concerning the interruption of programs with commercial advertising, as well as the rules limiting the amount of advertising per hour and per day. These rules, originally included in the Television Without Frontiers Directive, have been transposed into Italian law by legge 223 of 1990 and legge 327 of 1991. The latter also implements the European Convention on Transfrontier Television, opened to signature in Strasbourg on 5 May 1989. More specifically, the complainant alleges that in the transmission of some categories of programs - namely, sport events such as football matches, cinematographic films, news and current affairs, programs for children - the commercial broadcasters systematically violate the rules concerning the insertion of advertising, by using more breaks for commercials than is allowed by Article 11 of the Television Without Frontiers Directive. The Autorità will now open an investigation.