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The national rules applicable to television advertising, sponsorship on television, and teleshopping have been relaxed with the transposition of the “Audiovisual Media Services” Directive of 11 December 2007 into French law. Thus, although the Act of 5 March 2009 (see IRIS 2009-4: 10) put an end to the broadcasting of advertising on the France Télévisions channels, it nevertheless authorised the private channels, other than cinema channels, to include an extra commercial break in audiovisual and cinematographic works (Article 73). This second break, which previously the CSA had allowed only during...

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...