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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...

IRIS 2011-9:1/22 [GB] Guidance on the Use of Digital Enhancements Re-Issued

On 27 July 2011, the UK Advertising Standards Authority (ASA) ruled that two cosmetic advertisements were “misleading”. L’Oreal’s brands, Lancôme and Maybelline, were the object of adverse adjudications because “they could not demonstrate that images of Julia Roberts and Christy Turlington, which had been digitally enhanced, were an accurate representation of the results the products could achieve. As such we judged the ads were misleading.” Whilst the specific matter concerned magazine advertisements, misleading advertising is prohibited likewise under UK advertising rules applying to broadcasts,...

IRIS 2011-9:1/18 [FR] Wine Channel Contests Granting a Competitor a Broadcasting Convention

During the summer, the Conseil d’Etat received an application under the urgent procedure from Edonys, the international television channel devoted to wine, represented by Media Place Partners, which had been refused a broadcasting convention at the end of March 2011. The channel wishes to broadcast discussions and documentaries on the wine sector and to propose interactive tastings. However, this is not allowed under the “Evin Act” which bans all direct or indirect advertising in favour of alcohol (as stated in Article L. 3323-2 of the Public Health Code). Edonys called for the suspension of performance...

IRIS 2011-9:1/14 [DE] ZAK Complains About Several Cases of Unlawful Advertising

On 9 August 2011, the Kommission für Zulassung und Aufsicht der Medienanstalten (Media Licensing and Monitoring Commission - ZAK) filed complaints about several cases of unlawful advertising on the channels Sat.1, Sport 1 and the Turkish-language channels Kanal Avrupa and Türkshow. In the ZAK’s opinion, Sat.1 infringed the rules on the separation of advertising and programme material contained in Article 7(3) of the Rundfunkstaatsvertrag (Interstate Broadcasting Agreement - RStV) by broadcasting its own image trailer directly before commercial breaks. The trailer showed a famous female singer running...