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IRIS 2008-7:1/34 [LU] Regulation on Advertising, Sponsorship, Teleshopping and Self-Promotion

On 24 June 2008, the government of Luxembourg enacted the Règlement grand-ducal portant modification du règlement grand-ducal du 5 avril 2001 fixant les règles applicables en matière de publicité, de parrainage, de télé-achat et d’autopromotion dans les programmes de télévision réputés relever de la compétence du Luxembourg conformément à la directive européenne modifiée « Télévision sans frontières » (Regulation on Advertising, Sponsorship, Teleshopping and Self-promotion of 24 June 2008, Regulation 2008) amending the Règlement grand-ducal du 5 avril 2001 fixant les règles applicables en matière...

IRIS 2008-7:1/31 [SE] Administrative Court of Appeals Rules on Obligation to Pay Fee for Unlawful Broadcast of Advertising

On 26 May 2008, the Kammarrätten i Stockholm (the Stockholm Administrative Court of Appeals) issued a judgment on a case involving the unlawful broadcasting of advertisements. The case concerned the application of provisions included in Radio-och TV-lagen (The Radio and TV Act – RTL). The RTL is based on the TWF Directive 89/552/ECC, as amended by Directive 97/36/EC. On 25 April 2006, the Swedish nationwide television channel TV4 broadcast an interview with the very famous, at least in Sweden, artist Carola Häggkvist. In the middle of the interview, a commercial break was inserted. The break was...

IRIS 2008-7:1/27 [LT] New Requirements for Alcohol Advertising

On 26 April 2008 new amendments to the Law on Alcohol Control came into force. The amended Law abolishes the unconditional prohibition to advertise alcoholic beverages in TV programmes. According to the former amendments of the Law on Alcohol Control (see IRIS 2007-8:15), which came into force on 1 January 2008, alcohol advertising was prohibited from 6 a.m. to 11 p.m. in broadcast programmes of broadcasters under Lithuania’s jurisdiction. When the prohibition to broadcast alcohol advertising came into force, the broadcasters of Lithuania suspended the live broadcast of all sports and began to...

IRIS 2008-7:1/17 [FR] CSA Launches Public Consultation on the Right to Information in the Field of Sport

The Conseil Supérieur de l’Audiovisuel (French audiovisual regulatory body - CSA) announced on 10 June the opening of a public consultation on the right to information in the field of sport, continuing on from the consideration of the subject since last February. There are currently two methods for public audiovisual access to sports events. The first is the broadcasting of the event, usually live and generally in its entirety, which involves the channel acquiring rights that are often exclusive. The second takes the form of summarised reports that are normally offered free of charge by the radio...

IRIS 2008-7:1/14 [DE] Breaches of the Ban on Surreptitious Advertising

The media authorities of the Länder (States) have recently noted several cases of surreptitious advertising on television and have initiated proceedings against the broadcasters concerned. Surreptitious advertising is defined in section 2(2)(6) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement) and is prohibited under the first sentence of section 7(6). After conducting a thorough investigation, in particular concerning the contractual relationships between the television station, the producer and the programme organiser, the Media Council of the Medienanstalt Berlin-Brandenburg...