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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...

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...

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...

On 25 January 2012, the Austrian Verwaltungsgerichtshof (Administrative Court - VwGH) rejected a broadcaster’s appeal against a decision of the Bundeskommunikationssenat (Federal Communication Office - BKS) and ruled, inter alia, that an information channel that broadcasts only a sequence of still images that changes approximately every two months (mainly job advertisements and other advertising) is obliged to record its broadcasts under the terms of the Privatfernsehgesetz (Private Television Act - PrTV-G). In a ruling of 9 March 2009, the BKS had stated that the company concerned should be treated...

On 7 May 2012, the European Commission presented its first report on the application of the Audiovisual Media Services Directive (AVMSD) (see IRIS 2008-1/3). Article 33 of the Directive invites the European Commission to submit a report on its application every three years. This report covers the period 2009-2010. The document is divided into two parts: the first relates to the application of the Directive (including implementation status) and the second to the influence that recent technological developments has had on the regulatory framework. In its introduction, the report recalls the goal...