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On 8 January 2008, the French President Nicolas Sarkozy announced his desire to abolish advertising on the public-sector television channels. A year later the Act on audiovisual communication and new-style public-service television was adopted, following on from the recommendations of the “Commission on the new-style public-service television” chaired by Mr Copé, introducing the gradual abolition of advertising on public-service channels between 8 p.m. and 6 a.m. (in force since 5 January 2009), pending its total abolition by the end of 2011 (end of analog television) (see IRIS 2009-4:10/14). Things...

On 12 March 2010, the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), the German collecting society for authors and music publishers, decided to adopt a new version of its membership agreement relating to the use of musical works for advertising purposes. When music is used for advertising purposes, rights management is to be exercised separately by the member and GEMA. According to the amended version of section 1(k)(1) of the membership agreement the “right to allow third parties to use a musical work [...] for advertising purposes in an individual case...

The Gesamtkonferenz der Landesmedienanstalten (General Conference of Regional Media Authorities) has given practical form to the provisions of the 13th Rundfunkänderungsstaatsvertrag (Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV, see IRIS 2010-1/16) on product placements (PPs) in broadcasts by private television stations. The guidelines, which will have to be adopted by the Regional Media Authorities, distinguish between paid and unpaid PPs (production props), which are permitted in certain circumstances. Surreptitious advertising continues to be prohibited. Paid PPs...

The Radio and Television Decree (Ordonnance sur la Radio et la Télévision - ORTV) has been amended, as of 1 April 2010, in order to bring its provisions into line with European rules. As a result of the transposition of Directive 2007/65/EC on Audiovisual Media Services (“AVMS Directive”) into the national law of the member states of the European Union, those French, German and Italian television channels that can be picked up in Switzerland now have more opportunities with regard to advertising and sponsorship. The new agreement on Switzerland’s participation in the MEDIA programme also provides...

In two recent decisions, both chambers of the Vlaamse Regulator voor de Media (Flemish Regulator for the Media - monitoring and enforcement of media regulation) condemned the public broadcasting corporation VRT for breach of the Flemish media regulation. On 19 January 2010, the Kamer voor Onpartijdigheid en Bescherming van Minderjarigen (Chamber for Impartiality and the Protection of Minors) rendered a decision regarding the transmission of a trailer around 8 p.m., just before the beginning of the family series ‘Dieren in Nesten’ (freely translated, ‘Animals in Trouble’). This series follows the...