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IRIS 2010-1:1/38 [RO] Sanctions for Exceeding TV Advertising Times

At its meeting on 5 November 2009, on the basis of a monitoring report drafted by its own experts concerning compliance with legal advertising time restrictions, the Consiliul Naţional al Audiovizualului (national council for electronic media - CNA) sanctioned three private broadcasters for exceeding the legal advertising limit during the observation period (15-22 October 2009, between 7 p.m. and 11 p.m.). CNA decision no. 927 imposed a fine of RON 20,000 (EUR 1 = RON 4.3) on TV broadcaster ANTENA 1 for non-compliance with the hourly upper limit for advertising. According to Art. 35 para. 1 of...

IRIS 2010-1:1/36 [RO] Audiovisual Law Enters into Force

On 10 November 2009, Act no. 333/2009, amending Audiovisual Act no. 504/2002, was promulgated by the President. This enacts the Ordonanţa de Urgenţă nr. 181/2008 (Emergency Government Decree no. 181/2008, OUG 181/2008) which modified the Legea Audiovizualului nr. 504/2002 (Audiovisual Law 504/2002) (see IRIS 2009-3: 18). The amendments aim at implementing Directive 2007/65/EC into Romanian law (see IRIS 2009-2: 17 and IRIS 2009-3: 18) and set up the general framework inter alia for introducing digital radio and TV services for the public. On the one hand the amended Act relaxes the rules on advertisement,...

IRIS 2010-1:1/30 [IE] Developments Regarding BCI General and Children’s Advertising Codes

The Broadcasting Commission of Ireland (BCI) was required by the Broadcasting Act 2001 to draft and review every three years a Children’s Advertising Code. The resulting code came into operation in January 2005 and was reviewed in 2008. In July 2009, BCI published a “Statement of Outcomes”, which documents the process used in undertaking the statutory review and details the BCI’s decisions regarding those parts of the Code that will not be revised and those parts that may be subject to revision following further consultation in 2009 and 2010. The rules contained in the 2005 Code were set out under...

IRIS 2010-1:1/29 [IE] Rules on Broadcast Advertising Limits

In September 2009, shortly before its demise and the setting up of the new Broadcasting Authority of Ireland (BAI), the Broadcasting Commission of Ireland (BCI) published rules on advertising and teleshopping daily and hourly limits. Such rules had been in operation for many years and were enforced via BCI’s contracts with its licensed broadcasters. BCI was required to draft such rules under s.19(3) of the Broadcasting Act 2001. In publishing the rules in September 2009, BCI, according to its Chairman, was simply formalising long standing practice and bringing to a conclusion BCI’s responsibility...

IRIS 2010-1:1/25 [GB] Government Consults on Product Placement

The UK Department for Culture, Media and Sport is consulting on a change to advertising rules to permit product placement on television; it has stated that it “is currently minded to permit product placement on UK television, subject to safeguards”. It is however concerned about potential health issues related to the promotion of particular types of product. The current position is that product placement is prohibited by the requirements in the Ofcom Broadcasting Code that “no undue prominence may be given in any programme to a product or service” (rule 10.4) and that “product placement is prohibited”...