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IRIS 2012-2:1/13 [DE] Prominent Figures Liable When Promoting Investment Companies

In a ruling of 17 November 2011, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that prominent figures who advertise investment funds that ultimately fail can, in some circumstances, be liable for losses suffered by investors. This particularly applies to advertisers who refer to their specialist knowledge in advertising for investment products. The decision was taken in the case of a former German Defence Minister, who was sued for damages by several investors because of his appearance in an advertisement for an investment fund. In the first instance, the politician was ordered to...

IRIS 2012-2:1/10 [BG] Criteria for Evaluation of Damaging Content for Children

On 25 October 2011, the Council for Electronic Media and the State Agency for Child Protection drew up criteria for the assessment of content that is adverse to, or potentially damages, the mental, moral and/or social development of children, in compliance with Art. 32, para. 5 of the Radio and Television Act. The following requirements are among these criteria concerning the programme content of media: 1. Elements of the programme content that may have an adverse impact or create a risk of harm to children, should be located in programme zones where children are not supposed to be the attracted...

IRIS 2012-2:1/8 [AT] BKS Treats Sponsor Logo Wall in Sports Broadcasts as Product Placement

In a decision of 14 December 2011, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) commented on the character of sponsor logo walls and sew-on badges worn by experts in sports broadcasts and ruled that unlawful product placement had taken place in a specific case. The case concerned the broadcast of a football match by Österreichischer Rundfunk (Austrian public service broadcaster - ORF). During the pre-match coverage from the stadium concerned, the presenter interviewed a football expert. One camera shot showed the expert in front of a transparent wall displaying four...

IRIS 2012-1:1/41 [SE] Refund Offer in TV Commercial Was Misleading

On 6 October 2011 the Stockholm City Court delivered a judgment on unfair marketing practices relating to an offer presented in a TV commercial. In 2010 Sova AB, a Swedish furniture company, had advertised its beds in TV commercials, which amongst others, included the written promotional message “All your money back if it rains on midsummer’s eve”. In connection with this message an asterisk was given referring to an additional text stating further conditions about the offer. This additional text appeared only for a few seconds and in very small text at the bottom of the screen. The Consumer Ombudsman...

IRIS 2012-1:1/35 [NO] Consumer Ombudsman Renews Call for Ban on Advertising in Cinema Screenings to Children

Following a case of advertising give-aways distributed to cinema audiences at the national release of a children’s film, the Norwegian Consumer Ombudsman has, in interviews with the media, renewed her call for a ban on advertising in connection with film screenings to young audiences. At the national release (99 screens on 28 August 2011) of Coming Home (Til siste hinder), a girls-and-horses epic classified as “suitable for all ages” by the Norwegian Media Authority, the publishers of a magazine/member’s club targeting “horse-loving girls” had bags of advertising matter placed in the cinema seats....