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IRIS 2016-3:1/28 [SE] New guidelines on marketing and social media

The relationship between the Swedish Marketing Practices Act (MPA) and posts in blogs and social media has been a subject of discussion in Sweden during the last year. In order to provide further guidance to bloggers and companies promoting their products on blogs and social media the Swedish Consumer Agency has recently published guidelines for marketing through blogs and social media (the Guidelines). The Guidelines confirm that there is no general prohibition against recommendations or posts about companies, products or services on blogs or in social media. If there is no link between a company...

IRIS 2015-9:1/24 [SE] Public service broadcasting reports published

The Swedish Broadcasting Authority (Myndigheten för radio och tv) has published two reports on public service radio and television. The Broadcasting Authority was assigned by the Government to study and report on two issues: (i) whether the public service companies influence the competition in the media market; and (ii) the system of impact assessment as defined by the EU Commission in its Communication on the application of State aid rules to public service broadcasting (2009/C 257/01), which provides for a notification and assessment procedure for new services introduced in the market by public...

IRIS 2015-8:1/32 [SE] Broadcaster ordered to stop broadcasting violence

On 7 August 2015, the Swedish Chancellor of Justice (Justitiekanslern - the “CJ”) ordered the TV company C More Entertainment AB (C More) not to broadcast TV programs portraying certain kinds of violence, or any content containing detailed description of violence of a realistic nature, between 06.00 and 21.00. The order applies for one year from the decision and is subject to a conditional fine of SEK 200.000. In 2014, C More had broadcasted two episodes of the TV series The Leftovers at 17.00 on Swedish television. One episode had included scenes in which several people kidnapped and killed a...

IRIS 2015-5:1/2 Court of Justice of the European Union: Member States may provide for more protective provisions with regard to live streaming

In 2007, Swedish TV channel Canal+ (now C More) broadcast ice hockey games on pay per view, inter alia through live streaming on the Internet. The broadcasts were produced by the company C More Entertainment AB (C More) and the rights to the transmissions were owned by the same company. In October and November 2007, a person published links to the broadcasts of the games on his website, an unofficial fan site of his favourite Swedish ice hockey team. By following hyperlinks visitors were granted direct and free access to the games via their computers. C More filed charges and the perpetrator was...

IRIS 2015-2:1/31 [SE] Swedish Authorities Want to Stop Alcohol Advertising and Sponsorship in UK Broadcasts

The Swedish Radio and Television Act (Radio- och TV-lagen), which has transposed the Audiovisual Media Services Directive 2010/13/EU (AVMS Directive) into Swedish law, includes a ban on the advertising of alcohol and on sponsorship by alcohol companies of television and radio broadcasts. Nevertheless, there are some television channels (TV3, TV6, TV 8, Kanal 5 and Kanal 9) that - even though they are more or less exclusively directed towards Swedish viewers - broadcast under UK licences and are subject to UK jurisdiction. UK law permits the activities described above. The AVMS Directive is based...