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On 7 February 2012, In Smash Communications Limited vs. Broadcasting Authority et, decided by the Civil Court, First Hall, the court concluded that the present system established in the Broadcasting Act regulating the imposition of administrative sanctions by the Broadcasting Authority was in breach of the principle of natural justice nemo iudex in causa propria - no person may be a judge in his/her own cause. In brief, the facts of the case were as follows. The Broadcasting Authority’s Chief Executive Officer had issued a charge against Smash Television alleging that in a particular programme...

A company which sold mattresses made the following claim on one of its websites regarding its products: that they were “as seen on TV”. The sole complainant challenged whether that claim “As seen in” misleadingly implied that the mattress had featured in editorials or product reviews in those media, contrary to rule 3.1 of the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) which states, “Marketing communications must not materially mislead or be likely to do so.” The company provided a copy of an email requesting a donation of a mattress for a Channel 4 quiz...

On 20 March 2012, the Kommission für Zulassung und Aufsicht der Landesmedienanstalten (Media Licensing and Monitoring Commission - ZAK) filed another complaint that the “Show zum Tag des Glücks”, broadcast by TV broadcaster “Das Vierte”, infringed the Glücksspielstaatsvertrag (Interstate Gambling Agreement - GlüStV), and prohibited a repeat broadcast (see IRIS 2011-10/12). During the programme, which was broadcast on 11 November 2011, the Süddeutsche Klassenlotterie (South German lottery - SKL) had been mentioned by the presenter a total of 26 times and its logo had appeared more than 200 times....

On 31 December 2011 at 20:20h, the film “Ratatouille” was broadcast on VTM, a Flemish commercial broadcaster. This movie was interrupted three times for advertising breaks. Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM) received a complaint. According to the plaintiff, this movie could not be interrupted by advertising because it is a children’s programme (Article 80 (2) Mediadecreet (Flemish Broadcasting Act)). However, VRM judged that this Article was not violated. The general rule about the interruption of programmes by advertising is that broadcasters can choose when they interrupt...

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed in February 2012 numerous severe sanctions on several Romanian television stations for breaching audiovisual rules with regard to the right to private life; the right to one’s own image; the protection of reputation and human dignity; the limit of advertising; the modification of rebroadcasting without permission; and the “must carry” principle (see inter alia IRIS 2011-1/44, IRIS 2011-6/31, IRIS 2012-1/38, and IRIS 2012-2/32). The commercial station Antena 1 was sanctioned for severe infringements of...