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The Council of Ministers approved on 11 November 2011 a Royal Decree clearing the Regulation developing the Spanish General Law on Audiovisual Communications (see IRIS 2010-4/21) regarding television advertising and the provision of legal certainty to the sector. The new Regulation develops some elements of the abovementioned Spanish Law on TV advertising that were not sufficiently clear in the General Law, such as those related to the calculation of the 12 minutes of permitted advertising per hour or the maximum number of advertising breaks per programme. The new Regulation clearly defines the...

In November 2011, the Council for Electronic Media (CEM) issued a report on the monitoring of the pre-election campaign in Bulgaria for the election of the president and vice-president as well as of mayors and municipal councilors. The CEM has considered 19 television programmes, four of which pertain to the National Television Broadcaster (BNT). The overall review of the results indicates the following forms of political propaganda presented in television programmes: videos, chronicles, debates, discussions, interviews, addresses, business cards, reports and messages. The CEM has made the following...

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...

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...

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...