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IRIS 2011-8:1/5 Court of Justice of the European Union: Eleftheri Tileorasi v. Ethniko Simvoulio Radiotileorasis

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...

IRIS 2011-8:1/3 European Court of Human Rights: Sigma Radio Television Ltd. v. Cyprus

This case concerns a complaint by a broadcasting company regarding a number of decisions by the Cyprus Radio and Television Authority (CRTA) imposing fines on the company for violations of legislation concerning radio and television programmes in its broadcasts and the alleged unfairness of the related domestic proceedings. The breaches found by the CRTA concerned advertisements for children’s toys; the duration of advertising breaks; the placement of sponsors’ names during news programmes; product placement in a comedy series; news programmes that lacked objectivity or contained material...

IRIS 2011-7:1/43 [SE] Supreme Administrative Court Does not Consider Poirot to Be a TV Series

On 12 May 2011 Högsta Förvaltningsdomstolen (The Supreme Administrative Court) delivered a judgment in a case regarding the placement of commercial breaks in six episodes featuring the famous private investigator Poirot. The TV programmes had appeared on the Swedish nationwide television channel TV4. The key issue in the case was whether the Poirot episodes (eight in total, but only six were subject to scrutiny), each of them about 1,5 hours long, constituted a TV series or movies made for television under the Radio and Televisions Act (RTL). Granskningsnämnden för radio och TV (the Swedish Broadcasting...

IRIS 2011-7:1/39 [RO] Conditions for Non-commercial Campaigns

On 3 May 2011 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued Instruction No. 1 concerning the broadcasting of non-commercial messages. The Audiovisual Code (see IRIS 2010-9/34, IRIS 2011-4/31 and IRIS 2011-5/38), adopted by CNA-Decision no. 220/2011, allows in Section 10 the broadcasting of non-commercial messages, which are not included in the legal maximum time of advertising (8 minutes/hour for public stations, 12 minutes/hour for commercial stations). This exclusion from the advertising time applies only to three categories of messages mentioned...

IRIS 2011-7:1/31 [IT] Media Pluralism

The Autorità per le garanzie nelle comunicazioni (the Italian National Communications Authority - AGCOM) has published a number of press releases and official statements stating the conditions that the media need to follow in order to preserve media pluralism. Italy is currently in the throes of elections, as the provincial and municipal elections were held on the 15 and 16 of May, while a Referendum on four matters will also take place on the 12 and 13 of June. AGCOM recalls that equal treatment (par condicio) is mandatory in the run-up to an election. This applies to TV, radio and newspapers...