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IRIS 2012-6:1/32 [SE] Exposure of Footballer’s Book Was Considered an Unfair Promotion of Commercial Interests.

On 19 March 2012 Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - GRN) delivered a decision regarding the promotion of a commercial interest in an improper manner in a television program. The case concerned the application of sections 5:5, 17:5 and 19:4 of Radio- och TV-lagen (The Radio- and Televisions Act - RTL). The RTL is based inter alia on Directive 89/552/ECC, as amended by 97/36/EC. Section 5:5 of the RTL states that programs that are not advertising may not encourage the purchase or rental of goods or services or provide other marketable foreign elements, or highlight...

IRIS 2012-6:1/31 [RO] License of the Commercial Station OTV Withdrawn

On 24 April 2012 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) decided to withdraw the audiovisual license of the commercial TV station OTV as from 29 May 2012, almost 10 months before its normal expiry date of 1 April 2013. The Council had already reduced twice, on 27 March and 10 April 2012, the duration of the license of OTV, each time by half of the remaining period of validity. The sanctions, the most severe ever taken by the CNA, were due to OTV’s repeated and continual breaches of audiovisual legislation with regard to political advertising...

IRIS 2012-6:1/20 [FR] CSA Keeps an Eye on the Presidential Campaign

On 30 November 2011, after obtaining the opinion of the Constitutional Council, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) adopted a recommendation on the coverage of presidential elections determining the scheme applicable to coverage of the campaign in the audiovisual media (see IRIS 2012-2/20). With the end of campaigning on 6 May 2012 and the election of François Hollande as President of France, it is now time to take a look at how the rules have been observed. Throughout the campaign, the CSA ensured compliance with firstly the principle of equity, and...

IRIS 2012-6:1/16 [DE] ZAK Bans Gambling Advertising and Complains about Advertising Violation

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...

IRIS 2012-6:1/12 [CH] Federal Court Denies SRG Boycott of Verein gegen Tierfabriken

Since 2008, the Verein gegen Tierfabriken (VgT) has been complaining that Deutschschweizer Fernsehen (SF) has boycotted it systematically for non-objective political reasons. The VgT asked the broadcasting regulator Unabhängige Beschwerdeinstanz für Radio und Fernsehen (Independent Radio and Television Complaints Authority - UBI) to order SF to bring an end to its “television censorship” of the VgT. On 22 October 2010, the UBI rejected the VgT’s complaint against the Schweizerische Radio- und Fernsehgesellschaft (Swiss radio and television corporation - SRG), which operates the SF channel. According...