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In a ruling of 24 February 2022 (not yet published), the Bundesgerichtshof (Federal Supreme Court – BGH) examined the legal boundaries of advertising for a tribute show in which cover versions of an artist’s songs are performed. The case concerned whether an event at which a Tina Turner lookalike sings Tina Turner hits can be advertised in a way that might create the impression that Turner herself is involved in or at least supportive of the show. Tina Turner had filed a lawsuit against the producer of a show in which the singer F. performed Turner’s greatest hits, asking for...

On 3 February 2022, the UK’s regulator of advertising across all media, the Advertising Standards Authority (ASA), published its research in harmful racial and ethnic stereotyping in UK advertising. The survey highlighted a number of important issues that participant consumers raised about the depiction of people from different racial and ethnic backgrounds. Ads that are likely to cause serious or widespread offence and/or harm owing to particular portrayals of race and ethnicity have long been regulated under the UK Code of Non-broadcast Advertising (CAP Code) and the Code of Broadcast...

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...

On 15 December 2021, the new Online Gambling Advertising Code 2021 (Reclamecode voor Online Kansspelen) was published by the Dutch Advertising Code Foundation (Stichting Reclame Code) (SCC), which is the self-regulatory body for advertising, including broadcast advertising, in the Netherlands. The Code builds upon the new rules contained in the recently-enacted Online Gambling Act 2021, which introduced new provisions on online gambling advertising, and included amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Importantly, the new Code has a number of notable provisions applicable...

On 25 November 2021, the European Commission published its much-anticipated proposal for a regulation on the transparency and targeting of political advertising. The proposed regulation is part of the Commission’s European Democracy Action Plan, which was published in late 2020, where the Commission recognised the need for new legislation to bring more transparency to political advertising across the EU (see IRIS 2021-2/4). The Commission stated that the regulation is planned to enter into force and be fully implemented by member states by April 2023, a year before the 2024 elections to the...