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On 20 January 2011 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted deliberation no. 19/11/CSP setting up a standing monitoring Observatory on product placement. On account of the complexity of the subject, the Observatory is aimed at dealing with the practical enforcement of the primary rules adopted in 2010 in implementation into Italian legislation of Article 11 of the AVMS Directive 2010/13/EU (see IRIS 2008-1/3). Article 15 of legislative decree no. 44/2010 (see IRIS 2010-2/25) which introduced a new Article 40-bis into the Italian Broadcasting...

In its Decision of 16 February 2011, No 70/11/CONS, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) surveyed the measures to protect pluralism set out in Decision 136/05/CONS and repealed the obligation imposed on RTI to rely upon an advertising agency other than Publitalia for the sale of advertising for its digital terrestrial transmissions. According to Agcom, RTI has fulfilled that obligation by establishing Digitalia and entrusting to that company the sale of advertising for pay-TV programmes broadcast on digital terrestrial networks. The sale of...

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...