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IRIS 2009-1:1/13 [CY] Supreme Court Rules on CRTA

The Supreme Court (Revisional Jurisdiction) decided on 5 November 2008 that “The Radio Television Authority (CRTA) is obliged to request the views of the Radio Television Advisory Committee before issuing its verdict only where such an action is imposed by the Law and not in all cases or on all issues ”. The requirement to seek advice was not deemed compulsory in the case examined (Case Dias Publishing House LTD v. Radio Television Authority, Appeal no. 54/2006) and the appeal was dismissed by the five-member, with one justice dissenting. The case was brought to the Supreme Court by the Dias Publishing...

IRIS 2009-1:1/11 [BG] Prohibiting Misleading Advertisement

On 6 October 2008 the Consumer Protection Commission banned the broadcasting of an advertisement, aired by TV operators in Bulgaria. The advertisement states that the only way to get high quality digital signal is to subscribe to the services offered by Bulsatkom (a Bulgarian HD operator). In the opinion of the Bulgarian Consumer Protection Commission such a statement contradicts Article 38, para 2, item 1, sentence 1 of the Law on Consumer Protection since high quality signal is also available through DVD.

IRIS 2009-1:1/10 [BE] New Draft Media Decree and Product Placement

The draft of a new Flemish Media Decree introduces, for the first time, a regulation on product placement. As the law currently stands, product placement is submitted to the common advertising regulation of the Omroepdecreet (Flemish Decree on Radio-broadcasting and Television). The relevant provision is article 105, which prohibits advertising in audiovisual programmes, unless unavoidable. Advertisements belonging to “the ordinary living environment or ordinary streetscape”, presented unintentionally and without any emphasis, are to be considered as being unavoidable (§1). The same holds true...

IRIS 2009-1:1/8 [AT] Government Programme Includes New Media Law Plans

At the end of November 2008, the Austrian Social Democratic Party (SPÖ) and the Austrian People's Party (ÖVP) agreed to form a coalition government. They also adopted a government programme for the five-year parliamentary term. The Government is hoping to achieve the following media policy objectives between now and 2013: 1. The KommAustria media authority will be strengthened further. Rather than acting monocratically as it has up to now, its decisions will be taken in future by a media committee, a public broadcasting committee and two telecommunications committees. Additional committees may...

IRIS 2008-10:1/33 [IT] Increased Sanctions for Violations of Advertising Provisions

On 6 June 2008, the Italian Parliament converted into law the Decree-Law no. 59/2008 aiming at solving pending infringement procedures with regard to Community law. One of the procedures concerns the ineffectiveness, according to article 3, paragraph 2, of the Directive Television without Frontiers, of the existing provisions regulating the sanctioning procedures to be applied in case of violations of provisions on advertising. The Commission sent a letter of formal notice to Italy on 11 December 2007, pointing out that the height of the sanctions appeared not to be sufficiently dissuasive and...