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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"....

IRIS 2009-4:1/27 [SI] Potentially Harmful Content in Advertising and the Survey of Related Complaints in 2008

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...

IRIS 2009-4:1/26 [SE] Sponsoring Message Considered an Advertisement and Promotion of Commercial Interests in an Improper Manner

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...

IRIS 2009-4:1/22 [ME] PSB Adopts Rules for Media Coverage

The Council of the Radio and Television of Montenegro and the councils of local PSB have adopted the Terms and Conditions for the Presentation of Candidates and their Programmes for the forthcoming extraordinary parliamentary elections, scheduled for 29 March 2009. According to the Broadcasting Law they were obliged to adopt and publish the terms and conditions of the representation of political parties, candidates and their respective programmes, not later than 15 days after the elections have been scheduled. The due date for publishing was 10 February 2009 and they are available on the website...

IRIS 2009-4:1/19 [IE] Religious Advertising

In December 2008, the Broadcasting Commission of Ireland (BCI) rejected a proposed radio advertisement for Veritas. Veritas is a religious publisher and retailer wholly owned by the Irish Catholic Bishops Conference. The advertisement for products available in Veritas shops and on their website was due to be broadcast over the Christmas period on RTÉ, the national public service broadcaster. The BCI found that the advertisement did not comply with the legislation and regulation regarding advertising directed towards a religious end, specifically section 65 of the Broadcasting Act, 2001 and section...