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IRIS 2022-6:1/25 [NO] Norwegian operators instructed to block betting advertisements on Discovery channels targeting Norway

In two decisions of 30 March 2022, the Norwegian Media Authority (NMA) instructed Norwegian operators of networks transmitting television in the Norwegian market, to block or hinder access to advertisements for certain betting websites from two Maltese betting companies, BLM Group Ltd and Trannel International Ltd. The order to block betting advertisements included the German Discovery channels FEM, MAX and VOX, and Eurosport Norge which is offered by the French company Eurosport S.A.S. The operators included in the decisions are the five largest operators of networks providing linear television...

IRIS 2022-5:1/20 [MD] Audiovisual Code amended to strengthen parliamentary control and change advertising rules

Several noteworthy legal changes happened in the regulation of the audiovisual sector in Moldova at the end of 2021. On 4 November 2021 the Code of the Audiovisual Media of the Republic of Moldova (see IRIS 2019-3/24 and IRIS 2021-3/11) was amended to introduce new levers of parliamentary control. The amendments subject the Director-General of the public service broadcaster TRM to the political choice of the Parliament, including the decisions regarding his/her appointment, performance assessment, and dismissal. This parliamentary control replaces the control over these matters previously...

IRIS 2022-4:1/25 [DE] Federal Supreme Court rules on tribute show advertisement

In a ruling of 24 February 2022 (not yet published), the Bundesgerichtshof (Federal Supreme Court – BGH) examined the legal boundaries of advertising for a tribute show in which cover versions of an artist’s songs are performed. The case concerned whether an event at which a Tina Turner lookalike sings Tina Turner hits can be advertised in a way that might create the impression that Turner herself is involved in or at least supportive of the show. Tina Turner had filed a lawsuit against the producer of a show in which the singer F. performed Turner’s greatest hits, asking for...

IRIS 2022-4:1/31 [GB] Advertising watchdog publishes report on tackling harmful racial and ethnic stereotyping in ads

On 3 February 2022, the UK’s regulator of advertising across all media, the Advertising Standards Authority (ASA), published its research in harmful racial and ethnic stereotyping in UK advertising. The survey highlighted a number of important issues that participant consumers raised about the depiction of people from different racial and ethnic backgrounds. Ads that are likely to cause serious or widespread offence and/or harm owing to particular portrayals of race and ethnicity have long been regulated under the UK Code of Non-broadcast Advertising (CAP Code) and the Code of Broadcast...

IRIS 2022-2:1/3 [IT] Transposition of the revised AVMSD

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...