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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...

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...

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"....

At the beginning of March 2009 Tržni inšpektorat (the Slovenian Market Inspectorate) published a report on its activities in the year 2008. The report does not mention the problematic issue of advertisements for “porno chic” content on the internet, accessed via mobile phones and targeted at children, which could on their own or indirectly, by the promoted internet content, impair the physical and mental condition of children. But, in the report there is reference to a provision on misleading and indecent advertising of the Zakon o varstvu potrošnikov (Consumer Protection Act); concerning which...

On 16 February 2009, Kammarrätten i Stockholm (the Stockholm Administrative Court of Appeals) delivered a judgment regarding the promotion of a commercial interest in an improper manner in a sponsoring message. The case concerned the application of sections 6:4 and 7:8 of Radio- och TV-lagen (the Radio and Televisions Act - RTL ). The RTL is based, inter alia, on Directive 89/552/ECC, as amended by Directive 97/36/EC. Section 6:4 of the RTL states that programmes that are not advertisements may not promote commercial interests in an improper manner. Section 7:8 of the RTL stipulates that, if the...