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IRIS 1999-6:1/25 [IT] Comparative Advertising Allowed by the Self-regulatory Advertising Code

At the end of 1998 the Italian Committee of Advertising Practice approved the 27th edition of the Code of Advertising and Sales Promotion, which partly entered into force on 29 November 1998. Articles 13 and 15 of the Code, concerning comparative advertising, became effective only on 18 May 1999. The Code applies to advertising disseminated on all kinds of media, and thus also to television broadcasting. Article 13 provides that any advertising that copies or imitates must be avoided even if it relates to non-competitive products, particularly if it is likely to create confusion with other advertising....

IRIS 1999-5:1/8 [IT] New Provisions on TV-Shopping and TV-Auctions

One year after the adoption of the Trade Act ( Riforma della disciplina relativa al settore del commercio, Decreto legislativo of 31 March 1998, no. 114, in Gazzetta Ufficiale , 1998/95), new provisions on TV-shopping and TV-auctions entered into force on 26 April 1999. By this Act the Italian trade sector has been deeply reformed and several competencies were transferred from the central government to local authorities. Art. 18 of the Decree stipulates that "mail order" TV-shopping and any other form of retail must issue a prior communication to the Municipality where the trader resides or has...

IRIS 1999-4:1/28 [IT] RAI files a Complaint against Commercial Broadcasters for Alleged Violation of the

On 5 March 1999 the Italian public broadcaster RAI filed a complaint before the authority in charge of monitoring adherence to domestic and European rules on insertion and duration of advertising according to Art. 1 of legge 249 of 1997 ( Autorità per le garanzie nelle comunicazioni). RAI argued that the commercial broadcasters R.T.I. (Mediaset group), which controls three national channels, and TMC (Cecchi Gori group), which controls two national channels, should be held responsible for violation of the rules concerning the interruption of programs with commercial advertising, as well as the rules...

IRIS 1999-4:1/14 [IT] Decree-Law no. 15/99 on the Acquisition of Football Rights Has Been Converted into a Statute of the Parliament

On 29 March 1999, the Italian Parliament incorporated into law the decreto-legge (decree-law) no. 15 of 30 January 1999 (see IRIS 1999-2: 14) containing provisions for a balanced development of the broadcasting market and aimed at the prevention of dominant positions in the audiovisual sector. The Senato della Repubblica (Senate) had proposed several substantial amendments during its session of 3 March, which were confirmed by the Camera dei Deputati (Chamber of Deputies) on the following 23 March. The deadlines for concessions already granted to national and local radio broadcasters have been...

IRIS 1999-3:1/29 [IT] Agreement Signed Between RAI and SIAE for the Remuneration of Rightsholders

On 4 February 1999 the Italian public broadcaster RAI signed an agreement with the Società Italiana Autori Editori (authors collecting society SIAE), who holds a monopoly in the Italian market, to set the conditions for the application of an "equitable remuneration" for the transmission of Italian and European cinematographic and audiovisual works on the three channels of RAI. The main features of the agreement are the following: it applies for a term of three years; the remuneration is differentiated according to criteria such as the channel on which the work is broadcast, the hour of transmission...