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The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) adopted on 24 February 2011 a new Audiovisual Content Regulatory Code (Audiovisual Code; Decision 220/2011), which replaces the previous one (see inter alia IRIS 2007-4/30). At the same time, the Romanian Parliament began debating a draft project to change and complete the Legea Audiovizualului nr. 504/2002 (Audiovisual Law no. 504/2002) proposed by several MPs. The project, severely criticised by the CNA, is intended to merge the Audiovisual Law with most of the provisions of the 2006 Audiovisual Code. The...

The Broadcasting Authority of Ireland (BAI) is to permit paid product placement on Irish television. Authorization of product placement will extend to all television services: community, commercial, and public service broadcasters. The decision follows a public consultation process, which was completed in January this year and carried out by the BAI pursuant to s.44 of the Broadcasting Act 2009 (see IRIS 2009-10/18). Product placement is to be included in the BAI’s revised General and Children’s Commercial Communications Codes, which will be published shortly and will take effect from Monday, 2...

France Télévisions has asked the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) to look into the regulations on product placement in audiovisual fiction programmes, and more particularly the inclusion of advertising posters (virtual or real) on the sets for series and TV films. Since the decision adopted by the CSA on 16 February 2010 in application of Article 14-1 of the Act of 5 March 2009 transposing the AVMS Directive (see IRIS 2010-4/23) into national legislation, product placement has been authorised in France “in cinematographic works, audiovisual fiction works and...

In accordance with its provisional assessment of 22 February 2011 (see IRIS 2011-4/19), the Bundeskartellamt (Federal Cartel Office - BKartA) rejected on 17 March 2011 the plan of RTL and ProSiebenSat.1 to set up a joint venture for the establishment and operation of an online video platform. In the Cartel Office’s opinion, such a platform would further strengthen the two broadcasting groups’ existing market-dominating duopoly. In particular, the plan would have the effect of preserving the current situation on the television advertising market and transferring it to in-stream advertising in online...

On 26 January 2011 the Bundeskommunikationssenat (Federal Communications Board - BKS) decided that the programme “Von Römern, Wein und heißen Quellen” (“About Romans, wine and hot springs” in the “Erlebnis Österreich” (“Experience Austria”) series on the Romanisation of Styria, early wine-growing in the region and the use of thermal springs did not constitute surreptitious advertising within the meaning of section14(2) of the ORF-Gesetz (Law on the Austrian Broadcasting Corporation - ORF-G) in the version applicable when the programme was transmitted. In order to explain the change in the use of...