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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....

In a decision dated 1 September 2008, the Bundeskommunikationssenat (Federal Communications Court – BKS) gave a ruling on an alleged offence reported by the Kommunikationsbehörde Austria (Austrian broadcasting regulator – KommAustria) concerning programmes broadcast by ORF. The decision relates to a programme broadcast by ORF2 on 1 April 2005 in which, according to the Court, there was a breach of the ban on teleshopping contained in section 13(2) of the Bundesgesetz über den Österreichischen Rundfunk (Austrian Broadcasting Corporation Act – ORF-G). In the context of these proceedings, the BKS...

As a consequence of the AVMS Directive, Ofcom, the UK communications regulator, opened a review in March 2008 of its Rules on the Amount and Distribution of Advertising (RADA). The aim was that the Rules be (a) shorter and (b) simpler. The proposals, which are reflected in the revised Code, included: (i) lifting the “20 minute” rule (currently, there must be not less than twenty minutes between advertising breaks within programmes) and (ii) lifting or liberalising the rules regarding advertising during specific programme genres (documentaries, current affairs, religious programmes) and during films...

In the UK regulation of content of broadcast advertising is delegated by the regulator, Ofcom, to the Advertising Standards Authority set up by the industry itself. The Authority received complaints from two viewers that a television advertisement by Apple for the iPhone was misleading and in breach of three provisions of the Advertising Standards Code requiring that advertisements should not mislead, should not make claims without objective evidence on which to base them and that there should be no implications of capabilities of products beyond those that can be achieved in normal use. The advertisement...