Germany

[DE] ZAK Bans Gambling Advertising and Complains about Advertising Violation

IRIS 2012-6:1/16

Martin Lengyel

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

At its meeting on 24 April 2012, the Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK) decided that the broadcast of advertising for sports betting provider bwin by pay-TV broadcaster Sky breached current law. It banned further broadcasts of all forms of television advertising for bwin and ordered the immediate execution of this measure.

Sky had broadcast numerous sponsor references and split-screen advertisements for bwin during the programme “Live Fußball: Bundesliga/Samstags-Konferenz” on 28 January 2012. The Commission deemed that this breached the ban on television advertising for public gambling services.

The ZAK also lodged a complaint against the broadcaster ProSieben. On “Disney Day” (20 November 2011), the broadcaster’s evening programmes had been introduced by “Kermit the frog”, the well-known character from the “Muppet Show”. At the same time, the programme introductions had clearly drawn attention to the cinema release of the film “The Muppets”. These references had not been labelled as advertising. The Commission considered this to be a breach of the obligation to label advertising, which the broadcaster admitted.