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In the context of economic difficulties for the media industry in Spain (partially due to the general economic crisis, but also to specific factors in the sector), the Spanish cabinet has undertaken a drastic reform: the suppression of advertising on the public television broadcaster, Televisión Española (TVE). Since television started in Spain in 1957, it has always operated following a free-to-air model, with a public sector funded partially by the Government, but essentially through advertising. The introduction of commercial television in Spain in 1989 did not result in a change in this model,...

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...