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IRIS 2009-5:1/14 [CY] Supreme Court Decision on Advertising Services of a ‘Parapsychologist’

The Supreme Court of Cyprus decided that the broadcasting of an advertisement by a parapsychologist claiming that she could solve a number of problems, such as stress at work, alcoholism, domestic violence, love relations and others, breaches the law. The Court was concerned with an appeal of SIGMA TV against a decision of the Radio Television Authority (RTA) to impose a fine of CYP 2,000 (EUR 3,400) on the channel for transmitting the advertisement in question. In December 2004 an anonymous viewer complained to the RTA that SIGMA TV advertised the services of a ‘psychologist by intuition’ claiming...

IRIS 2009-5:1/13 [CH] M6’s Swiss Signal Violates Copyright and Constitutes Unfair Competition

The company Métropole Télévision operates the French television channel M6. Although this is aimed at the French public, it is possible to receive its signal, broadcast by satellite and terrestrially, in Switzerland as a result of natural overspill. Since January 2002, Métropole Télévision has been broadcasting a second signal, separate from the one used for broadcasting in France. This second signal, distributed in Switzerland by a number of cable distributors, uses all the programming broadcast by M6 in France, but incorporates advertising messages directed specifically at viewers in the French-speaking...

IRIS 2009-5:1/11 [BE] New Flemish Media Decree Approved

On 18 March 2009, the Flemish Parliament officially approved the text of the new media decree, which primarily aims at transposing the Audiovisual Media Services Directive 2007/65/EC into regional law. Following this final approval, only publication in the Belgisch Staatsblad (Belgian Monitor), which is expected in a short time, is necessary so as to make the new Flemish decree legally binding. As the French Community also already adopted a decree in pursuance of Directive 2007/65/EC on 5 February 2009 (published in the Belgian Monitor on 18 March 2009), Belgium is proving itself to be one of the...

IRIS 2009-5:1/9 [AT] Advertising Restrictions Relaxed for Private TV Broadcasters

Under an amendment to the Privatfernsehgesetz (Private Television Act), announced in February 2009, advertising restrictions for private TV broadcasters have been relaxed. The possibility of interrupting programmes with television advertising and teleshopping has been extended, insofar as there is no longer a minimum gap between interruptions. During sports broadcasts, it is now possible to show isolated advertising and teleshopping spots. The daily advertising time limit of 15% (20% including teleshopping) has been abolished. Teleshopping is no longer restricted to three hours and eight windows...

IRIS 2009-5:1/7 [AT] Advertising Refusal Justified

On 9 March 2009, the Bundeskommunikationssenat (Federal Communications Senate - BKS) decided that the refusal by Österreichische Rundfunk (Austrian broadcasting corporation - ORF) to sell advertising time to the operator of an online gaming platform was justified. The plaintiff operates an online gaming platform under betting and gambling licences issued in Gibraltar. It had asked ORF to broadcast an advertising spot, which referred to its poker game. The spot contained the text: "You weak, boring, stupid idiot, if you can accept these insults, then you are damn well ready to play poker with us"....