Search results : 1507

The Συμβούλιο της Επικρατείας (Council of State), the highest administrative court of Greece, made a request for a preliminary ruling to the European Court of Justice (ECJ) in its decision 4229 of 29 December 2009 in relation to whether Article 1 para. (d) of Directive 89/552/EEC of the Council (known as the Television without Frontiers Directive), as it currently stands, requires that the provision of payment or similar consideration is a necessary conceptual element of the notion of intention to present advertising in the context of surreptitious advertising. The question was posed on the occasion...

After consulting the professionals concerned, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) published a deliberation on 5 March 2010 laying down the conditions for authorising product placement on television, in accordance with Article 14-1 of the Act of 30 September 1986 as amended by the Act of 05 March 2009 transposing the AVMS Directive into national legislation. The text begins by defining the term ‘product placement’ as “placement in return for monetary consideration, i.e., the contractual supply of goods or services with a brand name that is identifiable within...

Last Thursday, 18 March 2010, the Spanish Parliament approved the New General Law of Audiovisual Communications. This new Law has been demanded by the audiovisual sector and consumers associations and has been discussed on various occasions in the last six years in the Spanish Parliament before finally being approved. The Law sets out several rules on content and mode of operation for the players in the sector (these rules are already currently applied by broadcasters to a certain extent as, although they were not included in a general law before, they could already be found in several rules and...

On 15 February 2010, the Bundesregierung (Federal Government) introduced in the Bundestag (lower house of parliament) a bill amending the Telemediengesetz (Telemedia Act - TMG) and a second bill amending the Vorläufiges Tabakgesetz (Provisional Tobacco Act). Both bills largely correspond with the bill presented in May 2009 (see IRIS 2009-6: 10) and are designed to transpose Directive 2007/65/EC, particularly its provisions concerning on-demand audiovisual media services and the ban on tobacco advertising. The amendments to the TMG concern its scope (Art. 1(6) of the bill), the broadening of concept...

In a decision that puts an end to seven years of proceedings between the Société Suisse de Radiodiffusion et Télévision (SSR) and Métropole Télévision, the Tribunal Fédéral (Swiss Federal Court - TF) has now judged that the Swiss advertising slots operated by Métropole Télévision do not contravene legislation on either copyright or unfair competition. As a result, it will be able to continue broadcasting the M6 television channel using two separate satellite signals, one directed at the French audience, and the other carrying advertising directed specifically at Swiss viewers. SSR contended that...