Netherlands

[NL] No More Separate Rules for Advertisements During Sports Events

IRIS 2007-6:1/23

Ewout Jansen

Institute for Information Law (IViR), University of Amsterdam

As of 1 May 2007, the Commissariaat voor de Media (Media Authority) has repealed its set of policy rules known as the Sportregeling (Sports Regulation). The regulation was applicable to both public and commercial broadcasters and governed advertising practices in the ambit of sports events. The legal basis for this regulation was challenged in 2005 in a dispute before the highest Dutch administrative Court. The Raad van State (Council of State) found the policy rules compatible with the Mediawet (Media Act) but did rule that the Media Authority had erred by applying them too rigorously. Although the advertisements surrounding the football field during the Ajax Tournament were aired by SBS, the Media Authority did not have sufficient evidence to reject the statement that the filming was accidental. In light of this ruling and the “changes in the Media landscape” the Media Authority finds the Sports Regulation to be out-of-date. From now on, where advertising is concerned, sports events will not be treated any differently from the way in which other broadcasted public events are treated.