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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...

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...

On 6 September 2011 the Parliament of the Czech Republic adopted amendments to audiovisual legislation that concern advertising and teleshopping in public television programmes and the funding of Czech cinematography. During the transition period from analogue to digital terrestrial television broadcasting the public broadcaster ČT is allowed to broadcast advertising in the amount of 0.75 percent of the daily broadcasting time in the programme of CT 1 and of 0.5 percent in other programmes. A part of the income from this is reserved for the support of the Czech cinematography sector. With regard...

According to media reports, Österreichischer Rundfunk (Austrian public service broadcaster - ORF) and the Austrian competition authority agreed a compromise on 6 September 2011 in relation to ORF’s culture and information channel (ORF III), and withdrew their respective objections filed with the Bundeskommunikationssenat (Federal Communications Board - BKS) against a decision of the Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) of 18 May 2011 (see IRIS 2011-8/12). Under the KommAustria decision, which has therefore entered into force, ORF is prohibited from advertising...

As is now public knowledge, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) wrote to the Court of Justice of the European Union (ECJ) on 6 July 2011, withdrawing its reference for a preliminary ruling on the interpretation of the Television Without Frontiers Directive (89/552/EEC) after the Publikumsrat (Viewers’ Council) of Österreichischer Rundfunk (Austrian public service broadcaster - ORF) had, in turn, withdrawn the complaint it had filed with the BKS against ORF. The original case before the BKS concerned the depiction of a couple dancing from the left to the centre...