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IRIS 2008-9:1/15 [FR] State of Progress on the Reform of the French Audiovisual Scene

After the French President announced on 8 January 2008 that he wanted to abolish all advertising on public-sector television channels, the Copé Commission brought together a number of parliamentarians and professionals to discuss the issue. After four months of hearings, the Commission has delivered its report, advocating the gradual abolition of advertising on public-sector television channels after 8 p.m., starting in 2009. Added to these proposals are a number of desires on the part of the President, resulting in the start of the reform. This summer, the Act on modernising the economy amended...

IRIS 2008-9:1/10 [EE] Amendment of the Broadcasting Law

On 18 June, the Parliament of the Republic of Estonia approved the amendment to the Broadcasting Law, which entered into force on 1 July 2008. One of the most important provisions of the amendment is the establishment of 1 June 2010 as the date when the analogue television network will shut down. The other important points are linked to the broadcast licenses of private channels. The central provisions of the Act to amend the Broadcasting Law are connected to creating more advantageous conditions during the switch-over from analogue terrestrial broadcasting to digital broadcasting for the private...

IRIS 2008-9:1/6 [DE] Supreme Court Considers Nestlé's Collecting Programme Admissible

In a ruling of 17 July 2008 (case no. I ZR160/05), the Bundesgerichtshof (Federal Supreme Court - BGH) decided on the admissibility of collecting programmes partly aimed at children and young people. The case concerned an advertising campaign by the firm Nestlé. The company had printed points on the packaging of its chocolate bars. Every 25 points was worth EUR 5 at an Internet mail-order firm. Since this advertising campaign was partly aimed at children and young people, the Verbraucherzentrale Bundesverband e. V. (Federation of German Consumer Organisations - vzbr) filed an injunction suit against...

IRIS 2008-9:1/4 [BG] Changes to Advertising of Medical Goods

In 2007 a new Act on Medical Products in Human Medicine was passed by the Bulgarian Parliament (published in State Gazette, issue No 31 dated 13 April 2007). Chapter 11 of the Act is dedicated to advertising of medical goods. A definition of the term “Advertising of medical goods” is contained in Article 244 of the Act: “any form of information, presentation, promotion or suggestion, which is intended to stimulate the prescription, sale or use of any medical good and contains advertising aimed at the general public.” There are a number of special requirements in the Act regarding the content of...

IRIS 2008-8:1/37 Audiovisual Media Services and the Unfair Commercial Practices Directive

Are audiovisual media services totally unaffected by general legal principles? This IRIS plus article shows the not entirely unique position of an area of law that, at first glance, would seem to be regulated completely by technology-dependent regulations. Product placement, sponsoring and surreptitious advertising are, however, not only subject to specific media-related legislation, but also to general principles in the field of unfair commercial practices that protect consumer interests. These interests have not yet been taken into account in discussions on the new Audiovisual Media Services...