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IRIS 2012-4:1/11 [BE] Flemish Commercial Broadcaster Infringes Product Placement Provisions

During the programme Huizenjacht on VT4, a Flemish commercial broadcaster, showed the logo of Martini Brut (sparkling wine) several times. According to Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM), this practice infringes Article 100, § 1, 3° Mediadecreet (Flemish Broadcasting Act) requiring that product placement is allowed if no undue prominence is given to the products included in the programme. Huizenjacht is a programme about the renovation of houses and house hunting. Huizenjacht contains an item in which an interior designer informs a couple about the renovation of a specific...

IRIS 2012-4:1/10 [BE] Flemish Commercial Broadcaster Does Not Infringe Teleshopping Provisions, But Offers an Interactive Service

During the programme ‘Kill the Clip’ on TMF, a Flemish commercial broadcaster, 5 video clips are broadcast. During these video clips the following banner is shown: ‘Keep the clip…Kill the clip’ ‘You decide SMS KILL or KEEP to 3373 (EUR 0,60/SMS)’. Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM.) had to examine whether such a service should be labeled as teleshopping. Art. 2, 45° Mediadecreet (Flemish Broadcasting Act) defines teleshopping as “direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations,...

IRIS 2012-3:1/10 [BE] Flemish Public Broadcaster Infringes Commercial Communication Provision

On 19 December 2011, Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM) decided that the public broadcaster VRT infringed the rules on commercial communication (Art. 53 Mediadecreet (Flemish Broadcasting Act)) when referring to Jupiler Pro League (the Belgian national football league) during the sports programme Extra Time. Every Monday evening, the programme Extra Time is broadcast on Canvas, a channel of the Flemish public broadcaster. Usually, this programme contains an analysis of each match day of Jupiler Pro League. However, on 10 October 2011, this programme was exceptionally...

IRIS 2012-3:1/3 Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels. In the main proceedings the Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (‘SABAM’), a management company representing authors, composers and publishers of musical works, alleged that the hosting service offered by Netlog, a social network, enables its users to make works from SABAM’s repertoire available to the public. Consequently, other users of the network could...

IRIS 2012-1:1/11 [BE] Flemish Public Broadcaster Infringes the Right to Short News Reporting Provisions

On 12 August 2011, the commercial broadcaster VTM filed a complaint with Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM), because the public broadcaster VRT offered the sports part of its news programme, including summaries of Jupiler Pro League (the Belgian national football league) on its website, Sporza.be. VRM ruled that this practice infringes Art. 124 para 4 Mediadecreet (Flemish Broadcasting Act). In June 2011, VTM bought the broadcasting rights of the Jupiler Pro League highlights for the 2011-2014 seasons. In order to guarantee the public’s right to information, the Flemish...