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On 30 November 2008, elections to the Chamber of Deputies and the Senate will be taking place in Romania. In view of this, the Consiliul Naţional al Audiovizualului din România (Romanian National Audiovisual Council – CNA) adopted on 30 September 2008 Decision No. 792, which in addition to the existing legal rules (Electoral Law No. 35) and CNA regulations, lays down a number of “new principles and rules for the conduct of the election campaign by means of audiovisual programmes”. For the first time, the “candidaţi” (candidates) and the “competitori electorali” (election campaign participants)...

Following a consultation exercise carried out in summer 2008, the Broadcasting Authority has clarified the rules on surreptitious advertising and separation contained respectively in paragraphs 4 and 9 of the Third Schedule of the Broadcasting Act. These rules read as follows: “4. Advertising and teleshopping shall be readily distinguishable as such and kept quite separate from the other parts of the programme service by optical or acoustic means…” and “9. Surreptitious advertising shall be prohibited.” The clarifications state that when a person is invited during an informative slot on a radio...

The Authority has clarified that paragraph 13 of the Third Schedule to the Broadcasting Act applies to programmes and not to broadcasts aired during a given clock hour. Paragraph 13 provides that a period of 20 minutes has to elapse between each successive advertising break within a programme which is interrupted by advertising and teleshopping spots. The Authority has held that in the case of programmes which are of less than 20 minutes in duration (“short programmes”), it is permissible to have adverts at the beginning and/or at the end of the short programmes, even if 20 minutes have not elapsed...

Lottery tickets and sweets do not have to be kept separate after all. Reports had stated that lottery tickets and sweets had to be kept separate from one another in future according to a decision by the Berlin Landgericht (Regional Court – LG) in connection with an application for an injunction against the lottery organiser Deutsche Klassenlotterie Berlin (DKLB). However, this decision was set aside in its entirety following the latter’s appeal lodged on 7 October 2008. The original decision of 7 August 2008 (Case 103 O 134/08) stated that the lottery ticket counter should not be together with,...

On 1 September 2008, the Bundeskommunikationssenat (Federal Communications Court – BKS) reached a further decision (Case 611.009/0013-BKS/2008) on alleged offences reported by the Kommunikationsbehörde Austria (Austrian broadcasting regulator – KommAustria) concerning programmes broadcast by ORF. In this second decision, the BKS dismissed KommAustria’s allegation that in three programmes broadcast by ORF1 on 9 November 2004 there had been a breach of section 14(5) of the Bundesgesetz über den Österreichischen Rundfunk (Austrian Broadcasting Corporation Act – ORF-G) relating to product placement....