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IRIS 1998-8:1/2 [DE] On-line Services from Public-Law Institutions - The Rules

In late July, the Director of the ZDF (Zweites Deutsches Fernsehen), issued a policy directive on the structure and assessment of " ZDF.online", the on-line service which the station runs in co-operation with the American Microsoft company. The ZDF's on-line involvement has been criticised on several scores. Magazine and newspaper publishers object, above all, to the fact that its Internet pages also carry regional news and information, while private operators and programme organisers object to its deriving advertising revenue from the new on-line market (as a public-service channel, it gets most...

IRIS 1998-7:1/31 [DE] surreptitious advertising - Sat.1 in trouble

Several Länder Media Authorities in North Germany intend to complain that two items shown by the private TV station, Sat.1, in its regional magazine programme early this year violated the ban on surreptitious advertising. The relevant committees of the Bremen Land Media Authority and the Hamburg new Media Authority have passed resolutions on this subject , and the Independent Land Broadcasting Authority in Schleswig-Holstein will be taking a decision on the matter early in June. The Land Media Authority of Niedersachsen, which is currently chairing the Land Media Authorities' Joint Advertising...

IRIS 1998-7:1/28 [DE] Mixed Reactions for First Position Paper on Differences between Broadcasting and Media Services

The first position paper on the Länder Media Authorities' Landesmedienanstalten powers in the border area between broadcasting and media services and on the differences between the two, adopted by the Directors of the Landesmedienanstalten on 16 December 1997, was the subject of a hearing in Düsseldorf on 27 April 1998, at which representatives of the Federal Association of German Newspaper Publishers ( BDZV), the Association of Private Broadcasting and Telecommunication Service Operators ( VPRT), the Association of Private Network Operators, the Satellite and Cable Communications Association (...

IRIS 1998-7:1/7 [DE] Federal Court jumps the gun in applying EC Directive on comparative advertising

In a decision given at the beginning of February this year, the Federal Court ( Bundesgerichtshof - BGH) abandoned its previous position that comparative advertising violated Section 1 of the Unfair Competition Act ( Gesetz gegen den unlauteren Wettbewerb - UWG) and was thus on principal unlawful (see IRIS 1998-3:3). In reaching its decision, it relied on Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997, amending Directive 84/450/EEC concerning misleading advertising ( see IRIS 1997-10: 4), so as to include comparative advertising - and did so before the time allowed...

IRIS 1998-7:1/2 [DE] Internet advertising - not for lawyers, says court

On 20 May 1998, the Nuremberg-Fürth Regional Court upheld an earlier decision of 18 February 1998, forbidding a lawyer to advertise his services with the help of an Internet guest-book. This judgment refers to a lawyer with a homepage guest-book, on which anyone can enter information, which is then open to inspection by all other users. The lawyer concerned claims that he does not use his guest-book to advertise. It does not serve to collect commissions and addresses, but as a means of communication, like letters, telephone or fax. He also points out that, under the professional rules applying...