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IRIS 2011-5:1/6 [AT] Federal Communications Board Rules on Surreptitious Advertising

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...

IRIS 2011-5:1/5 European Commission: The Commission Finishes the Preliminary Analysis of AVMS Implementation Measures

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...

IRIS 2011-5:1/4 Court of Justice of the European Union: Advocate General Gives Opinion on the Definition of Advertising

On 7 April 2011 Advocate General Yves Bot delivered his opinion on case C-281/09 of the European Commission v. Spain on the question of the legal definition of television advertising spots and other forms of advertising under the EU’s Television without Frontiers (TWF) Directive. The question arose when Spain was accused by the European Commission of failing to comply with the advertising rules of the TWF Directive. Article 18 of the Directive imposes an upper time limit of 12 minutes per clock hour to the transmission of television advertising spots and teleshopping, while other forms of advertising...

IRIS 2011-4:1/34 [RU] Law on the Protection of Minors against Information Detrimental to their Health and Development Adopted

On 21 December 2010 the State Duma (parliament) adopted at the third and last reading the bill “О защите детей от информации, причиняющей вред их здоровью и развитию” (On the Protection of Minors against Information Detrimental to their Health and Development) (see IRIS 2009-8/29), which was signed into law by the President on 29 December 2010. It comes into force on 1 September 2012. The new federal statute shall regulate “products of the mass media, printed materials, audiovisual materials on any material object, computer programmes and databases, as well as information disseminated by means...

IRIS 2011-4:1/31 [RO] Draft Amendments to the Audiovisual Law

Romania’s Audiovisual Law could be changed, according to a Draft on the amendment and completion of the Legea Audiovizualului nr. 504/2002 (Audiovisual Law no. 504/2002) proposed mid-February 2011 by four deputies of the Democrat-Liberal Party, the major component of the ruling coalition (see inter alia IRIS 2009-2/29, IRIS 2010-1/36 and IRIS 2010-9/34). The Draft, which was withdrawn, corrected and proposed again in less than ten days, is mainly intended to merge the existing Audiovisual Law with most of the provisions of the Audiovisual Content Regulatory Code (Decision no. 187/2006 - Audiovisual...