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IRIS 2012-2:1/32 [RO] Sanctions for Infringements of the Advertising Rules

On 14 December 2011 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued sanctions on several Romanian television broadcasters for breaching the audiovisual rules with regard to the limits of advertising (see inter alia IRIS 2010-1/38, IRIS 2010-8/42, IRIS 2011-1/44 and IRIS 2011-6/31). The Romanian public broadcaster TVR received a public warning and the commercial television stations Antena 1, PRO TV, Prima TV and KANAL D were fined RON 100,000 (EUR 23,040) each for breaches of Art. 35 (1) of Legea audiovizualului nr. 504/2002, cu modificările şi completările...

IRIS 2012-2:1/30 [MK] More Funds for the Public Broadcasting Service

The Macedonian Parliament amended the Law on Broadcasting in order to ensure a stable financing of the Public Broadcasting Service, Macedonian Radio and Television (MRT), which has been suffering from underfunding for years. The amendments proposed by the Government envisage an increase of the broadcasting fee from MKD 120 per month (EUR 2) to MKD 190 (EUR 3). Another measure planned in the Government’s proposal is an increase of the advertising limits for the PBS from 4 to 12 minutes per real programme hour including the prime time, which was until now reserved only for advertising broadcast by...

IRIS 2012-2:1/24 [GB] Audiovisual Media Services Directive Transposed into the Law of Gibraltar

The Government of Gibraltar has made regulations transposing the Audiovisual Media Services Directive into the Law of Gibraltar. This follows a reasoned opinion from the Commission at the end of 2011 requesting the UK Government to secure such implementation; Gibraltar is a British Overseas Territory that governs its own internal affairs, with some matters - such as foreign relations - remaining the responsibility of the UK Government. The Audiovisual Media Services Regulations, made under the Interpretation and General Clauses Act, took effect on 20 October 2011. They state that they apply to...

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...