Germany

[DE] Isolated Spots under Scrutiny

IRIS 2006-1:1/18

Kathrin Berger

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

According to a survey by the Gemeinsame Stelle Programm, Werbung, Medienkompetenz der Landesmedienanstalten (Joint body on programming, advertising and media competence of the regional media authorities - GSPWM), the rules on isolated advertising spots are, in most cases, complied with by German private broadcasters.

After random checks on 15 private TV broadcasters, the GSPWM found that isolated spots are mainly broadcast in the form of split-screen advertising. This system, in which the screen is divided into an advertising section and a programme section, is admissible under Art. 7.4 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) as long as the advertisement is readily recognisable as such and clearly separate from the programme.

Under Art. 44.2 RStV, isolated advertising and teleshopping spots should be the exception for private broadcasters. In general, advertisements should be shown in blocks, during which a series of spots are broadcast during advertising breaks. Under the European Commission's proposed amendment of the Television Without Frontiers Directive, the requirement for advertising to be shown in blocks will be fully abolished.