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IRIS 2012-1:1/12 [BG] Penalty for Misleading Advertising

On 25 October 2011 the Bulgarian Commission on the Protection of Competition (Commission) found a violation of Art. 33, para. 2, item 1 in conjunction with Art. 32 of the Law on the Protection of Competition. The infringement was made by the Blizoo Media and Broadband company and the Commission imposed a penalty of BGN 30,379.00 (approximately EUR 15,000). The reason for the proceedings was a consumer’s notice on misleading advertising messages of the company in connection with its “Complete Package”-offer. The package includes digital television with over 150 programmes, internet and fixed telephony...

IRIS 2012-1:1/9 [BA] New Regulatory Framework Transposing the AVMSD Adopted

On 15 November 2011, Vijeće Regulatorne agencije za komunikacije (the Council of the Communications Regulatory Agency - CRA) adopted a set of by-laws transposing the provisions of the Audiovisual Media Services Directive (AVMSD) into the regulatory framework of Bosnia and Herzegovina. More specifically, the Rule on the Provision of Audiovisual Media Services establishes a two-tier system of authorisation for the provision of audiovisual media services in Bosnia and Herzegovina - licensing for linear and an obligatory, but free-of-charge registration procedure for on-demand services. There are different...

IRIS 2012-1:1/7 [AT] BKS Rules on Labelling Obligation for Sponsored Programmes

On 12 October 2011, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) partially overturned a decision of the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) against Österreichischer Rundfunk (Austrian public service broadcaster - ORF) and ended a dispute between the regulatory body and the public service broadcaster concerning the labelling of sponsored programmes. In its decision of 14 June 2011, KommAustria had found ORF guilty of breaching the provisions on labelling of sponsored programmes contained in Article 17 of the ORF-Gesetz (ORF...

IRIS 2012-1:1/3 Court of Justice of the European Union: European Commission v Kingdom of Spain

On 22 July 2009 the European Commission submitted a request to the Court of Justice to declare Spain to be in violation of the Television without Frontiers Directive (Directive 89/552/EEC). The Commission argued that the Kingdom of Spain has failed to fulfill its obligation under Article 3(2) of the TWF Directive to ensure within the framework of its legislation that television broadcasters under their jurisdiction comply with the provisions of the Directive. The Commission referred in particular to the incorrect and overly narrow interpretation by the Spanish authorities of the concept of ‘advertising...

IRIS 2011-10:1/36 [RO] Sanctions for Infringements of the Electoral Rules

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed severe sanctions on two commercial Romanian television stations for breaches of Art. 139 of the Codul Audiovizualului - Decizia nr. 220/2011 privind Codul de reglementare a conţinutului audiovizual, cu modificările şi completările ulterioare (Audiovisual Code - Decision no. 220/2011 concerning the regulation of audiovisual content, with further modifications and completions), and Art. 1 of Decizia nr. 210/2010 privind principii şi reguli de desfăşurare a campaniei electorale pentru alegerile parţiale...