Estonia

[SK] Fines for Breaching Advertising Rules

IRIS 2005-9:1/36

Jana Markechová

Markechova Law Offices

At its meeting in June 2005, the Rada pre vysielanie a retransmisiu (Council for broadcasting and retransmission) decided to impose two fines on “ Slovensko hľadá Superstar ”, a TV programme broadcast by the public broadcaster Slovenská televízia, for having breached an advertising ban. The Council justified its decision with reference to § 35 para. 6 of the Law on Broadcasting and Retransmission, according to which public broadcasters are prohibited from broadcasting any advertisements during a programme. Advertising and teleshopping spots during programmes are permitted only in the case of programmes lasting more 45 minutes, and only providing such programmes are not classed as one of a series, an entertainment programme or a documentary. “ Slovensko hľadá Superstar “ is classed as entertainment. Slovenská televízia has lodged an appeal with the Supreme Court against the decision of the Council, as a body subject to administrative law. The final decision in this case is therefore still pending.