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After two earlier judgments by the European Court of Human Rights, the Grand Chamber of the Court again held that there has been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights on account of the continued prohibition on broadcasting on Swiss Television a commercial by an animal rights association. In response to various advertisements produced by the meat industry, Verein gegen Tierfabriken Schweiz (VgT) made a television commercial expressing criticism of battery pig-farming, including a scene showing a noisy hall with pigs in small pens. The advertisement...

An amendment to Act No. 308/2000 Coll. on Broadcasting and Retransmission and to Act No. 195/2000 Coll. on Telecommunications from 14 September 2000 (“Amendment”) was proposed by the Ministry of Culture on 29 May 2009. The Amendment was required following Slovakia’s commitment to implementing Directive 2007/65/EC (AVMSD). Slovakia as a Member State shall bring into line laws, regulations and administrative provisions necessary to comply with the AVMSD by 19 December 2009 at the latest. The amended Act No. 308/2000 Coll. shall also apply to Internet broadcasting and providing on-demand audiovisual...

On 2 September 2009 Országos Rádió és Televízió Testület (the National Radio and Television Commission, ORTT) decided to qualify TV programmes consisting of games (for prizes) where viewers can take part via telephone as teleshopping. The basis of the decision was judgment C-195/06 of the European Court of Justice. In this judgment (see IRIS 2008-1: 4) the Court inter alia expressed that “a broadcast or part of a broadcast during which a TV broadcaster offers viewers the opportunity to participate in a prize game by means of immediately dialling a premium rate telephone number, and thus in return...

British Sky Broadcasting Ltd t/a Sky broadcast two advertisements advertising its High Definition service. To persuade people to sign up for it, the ads promoted as part of the service sports coverage generally and, in particular, the British and Irish Lions' summer tour of South Africa and the Ashes series of cricket matches between England and Australia, for which BskyB had bought the rights. A number of viewers (seven) objected. Their point was that the ads were “misleading” because, having registered for the HD service, they were then informed that there was a twelve-week waiting period before...

On 24 February 2009, the Oberste Gerichtshof (Supreme Court - OGH) ruled that non-commercial advertising broadcast in return for payment is subject to the limits on advertising time laid down in broadcasting legislation. The plaintiff in this case was a private broadcasting company, while the defendant was Österreichische Rundfunk (Austrian public service broadcaster - ORF). The parties disputed whether ORF had exceeded the limit of six minutes of advertising on a particular day on a regional radio station. The courts ruled that this was the case if an appeal for donations to support the training...