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At the beginning of May, a draft Act on the further development of the legal framework for new services was presented, proposing amendments to the Telemediengesetz (Telemedia Act - TMG) and the Vorläufiges Tabakgesetz (Provisional Tobacco Act). The Act is meant to transpose Directive 2007/65/EC (Audiovisual Media Services Directive - AVMSD) with regard to its provisions concerning on-demand audiovisual media services. The main areas in which the AVMSD requires amendments to the TMG are the definitions of service providers and on-demand audiovisual media services (Art. 2(1)(1) and (6) of the draft),...

The State chancellery of Rhineland-Palatinate, which currently chairs the Broadcasting Commission of the Länder , has published a draft 13th Rundfunkänderungsstaatsvertrag (amendment to the Inter-State Broadcasting Agreement - RÄStV). One of the issues covered by the amendment is product placement, which is to be defined in Art. 2(2)(11) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). The ban on surreptitious advertising, product and thematic placement and related practices will be incorporated in the newly added Art. 7(7)(1) RStV (instead of Art. 7(6)(1), where it is...

In a ruling of 5 March 2009, the Bayerische Verwaltungsgericht München (Bavarian Administrative Court, Munich - VG, case no. M 17 K 07.5805) decided that DSF Deutsches Sportfernsehen GmbH did not breach the ban on surreptitious advertising in its broadcast of the programme PartyPoker-Football & Poker Legends Cup on 22 November 2006. The programme featured a poker tournament. On the poker table, the words "PartyPoker.com Football & Poker Legends Cup" were printed in large letters. They were visible for a total of 16 of the 44 minutes of transmission time, which the Bayerische Landeszentrale für...

The Supreme Administrative Court of the Czech Republic banned advertising of a dietary supplement in a ruling of 29 January 2009. The Czech Advertising Regulations Act prohibits advertising that claims that dietary supplements are able to cure or prevent human illnesses. Liability for advertising lies with the contractor. The Broadcasting Council is responsible for regulating television advertising. The company Mediarex Communications and Consulting s.r.o. had commissioned television advertising of the dietary supplement Preventan akut . In the advertising, the product was described as having...

The Communications Regulatory Agency (RAK) has presented its annual report for 2008, in the form of an overview on the violations of its rules and regulations. In total 39 decisions have been issued. Of these, 35 relate to broadcasting and 4 to the telecommunications sector. During the reported period, the RAK examined 169 cases of possible breaches of its rules and regulations. Of these, 129 cases related to programme content requirements. It is worth noting that as many as 92 of these cases were initiated by citizens who lodged complaints. About 30 cases dealt with technical aspects of broadcasting...