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On 28 June 2011, the Kommission für Zulassung und Aufsicht der Medienanstalten (Licensing and Monitoring Commission of the State Media Authorities - ZAK) complained that several RTL and Sat.1 programmes had infringed the rules on the separation of advertising and programme content set out in Article 7(3) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement). Both TV companies had, in a total of three cases, used so-called move-splits, a form of split-screen advertising in which a particular advertisement appears as part of a scene somewhere on the screen and the camera then zooms in...

On 10 May 2011, in a dispute between the plaintiff, Verbraucherzentrale Bundesverband e.V. (federal association of consumer organisations), and Deutscher Brauer-Bund e.V. (German brewers’ association), the Landgericht Berlin (Berlin District Court - LG) ruled that advertising should not claim that beer can improve people’s looks or health. The case concerned information published on the defendant’s website about the effects of beer on human health. It was claimed, inter alia, that moderate beer consumption reduced the risk of dementia, adult diabetes and cardiovascular problems, and that its high...

The Austrian media sector is currently discussing the plan of Österreichischer Rundfunk (Austrian Broadcasting Corporation - ORF) to launch a new information and culture channel. On 18 May 2011, as part of a prior evaluation, the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) conditionally approved the broadcast of the ORF special interest channel, after which the Austrian competition authority intervened and criticised what it considered to be the inadequacy of the conditions laid down. For the approval of a new special interest channel, Article 4c of the ORF-Gesetz...

On 19 July 2011 the European Commission sent requests for information in the form of letters of formal notice, the first step in the process of an EU infringement procedure, to 20 EU member states. The member states in question, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain, have not yet notified to the Commission measures to implement the new EU Telecoms Package, formally adopted after two years of heated negotiations at the end of 2009...

On 9 June 2011 the Court of Justice delivered its judgment in the case between a Greek broadcasting company (Ελεύθερη Τηλεόραση - Eleftheri Tileorasi) and the Greek Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) Eleftheri Tileorasi owns and operates a private channel called ‘ALTER CHANNEL’. In November 2003 Eleftheri Tileorasi broadcast a programme that contained a presentation of a cosmetic dental treatment. The programme included shots of before, during and after the treatment. Furthermore, the programme provided information about the efficacy and the costs...