Germany

[DE] Split-Screen Advertising Admissible Under Media Law

IRIS 2004-3:1/14

Peter Strothmann

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

According to an initial analysis by the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Programme, Advertising and Media Office) of the Landesmedienanstalten (regional media authorities), so-called split-screen advertising on TV does not breach media legislation.

Split-screen advertising is when the programme itself and advertisements are broadcast at the same time. According to Article 7.4 of the Rundfunkstaatsvertrag (Inter-State Agreement on Broadcasting), advertising must be clearly separated from other programme items by optical means and must be announced as such.

This assessment was based on programme analysis carried out by the Landesmedienanstalten, in which more than 1,000 cases on 17 commercial TV channels were investigated in September 2003.