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IRIS 2011-10:1/19 [FR] CSA Equalises Sound Intensity of Programmes and Advertising on Television

The intensity of the sound of commercials has been a recurrent source of complaints from viewers to the audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) for more than ten years (an average of three complaints each week), and the legislator and the regulatory authority have now taken the matter in hand. Article 177 of Act No. 2010-788 of 12 July 2010, Article 14 of Decree No. 92-280 of 27 March 1992 (as amended), and Article 27 of the Act of 30 September 1986 (as amended) require channels to observe an even volume of sound for both television programmes and commercial breaks,...

IRIS 2011-10:1/12 [DE] ZAK Complains that Programme Breached Ban on Public Advertising for Gambling Services

On 14 September 2011, the Kommission für Zulassung und Aufsicht der Landesmedienanstalten (Media Licensing and Monitoring Commission - ZAK) filed a complaint that the “Show zum Tag des Glücks”, broadcast on 25 April 2011 by TV broadcaster “Das Vierte”, infringed the Glücksspielstaatsvertrag (Interstate Gambling Agreement - GlüStV), and prohibited a repeat broadcast. During the programme, the participants of which had to have bought a ticket for the Süddeutsche Klassenlotterie (South German lottery - SKL), the lottery’s logo was repeatedly shown. The ZAK also considered that extensive references...

IRIS 2011-9:1/28 [MT] Yes for Divorce Movement/Yes for Marriage v Broadcasting Authority

On 23 May 2011 the Civil Court, First Hall, sitting in its constitutional capacity, held that the Broadcasting Authority - by withholding two political spots from being broadcast during the divorce referendum campaign - was not in breach of freedom of expression under the Constitution of Malta and the European Convention on Human Rights and Fundamental Freedoms. No appeal was lodged against this judgment to the Constitutional Court. In Advocate Dr. Deborah Schembri and others in their personal name and on behalf of the Yes for Divorce Movement/Yes for Marriage, the said Yes Movement filed a freedom...

IRIS 2011-9:1/24 [IE] Updated Broadcasting Code on Referenda and Election Coverage

The Broadcasting Authority of Ireland (BAI) on 13 September 2011 published an updated BAI Broadcasting Code on Referenda and Election Coverage (Election Code). The updated Election Code sets out rules with which all Irish broadcasters must comply when covering all relevant elections and polls (Referenda; General, Presidential, European and Local elections; Senate elections and By-elections) held in Ireland. The Broadcasting Act 2009 s.42 provides that the BAI shall prepare, and from time to time as occasion requires, revise codes governing standards and practice to be observed by broadcasters....

IRIS 2011-9:1/23 [HU] Co-regulatory Agreements between the Hungarian Media Self-regulatory Bodies and the Media Authority

In July 2011, the Media Council of the Nemzeti Média és Hírközlési Hatóság (National Media and Infocommunications Authority - NMHH) concluded public administration agreements on media co-regulation with the four Hungarian media self-regulatory bodies: the Association of Hungarian Content Providers (MTE), the Advertising Self-regulatory Body (ÖRT), the Association of Hungarian Publishers (MLE) and the Association of Hungarian Electronic Broadcasters (MEME). According to Art. 190 of Act CLXXXV of 2010 on Media Services and Mass Media (Media Act; see IRIS 2011-2/30) “the Media Council shall have the...