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IRIS 2008-6:1/27 [SE] Commercial Breaks Infringe Moral Rights in Sweden

The Swedish Supreme Court has come to a spectacular decision on the infringement of moral rights. The Court found that commercial breaks during films on television constitute an infringement of the directors' moral rights and that the possibility of waiving these rights is limited. In the case at hand, two well known Swedish directors complained about the broadcasting of their respective films on TV4, where the films were interrupted with commercial breaks. TV4 is Sweden's largest commercial free TV channel. At first, the directors complained to the Swedish Broadcast Commission. The Commission,...

IRIS 2008-6:1/24 [RO] ANPC-CNA Protocol

On 12 February 2008, the Consiliul Naţional al Audiovizualului (National Council for Electronic Media – CNA) signed a co-operation protocol with the Autoritatea Naţională pentru Protecţia Consmatorilor (Consumer Protection Authority – ANPC) in order to better guarantee compliance with Act No. 363/2007 on combating unfair commercial practices for consumers and harmonising provisions with European consumer protection legislation. The protocol is designed to improve the mutual exchange of information about known unfair commercial practices in the audiovisual sector and to warn consumers about such...

IRIS 2008-6:1/11 [FR] Dispute over Commercial – CSA Position Upheld by the Courts

The courts have finally intervened in the "opposition" debate between the Bureau de Vérification de la Publicité (advertising regulatory board – BVP) and the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority – CSA) over the commercial for the sale of medicines not refunded under the health service in Leclerc hypermarkets (see IRIS 2008-5: 8). Disregarding the BVP's negative opinion, the CSA had authorised the broadcasting of the commercial in which the chain of hypermarkets, noting that the increase in the prices of medicines sold in chemist's dispensing shops that were not refunded...

IRIS 2008-6:1/4 [BG] Breach of the Prohibition to Interrupt News by Advertisements

On 13 November 2007, the daily edition of the news programme - “btv News” - broadcast at 7 p.m. by the btv channel (owned by Balkan News Corporation EAD, a wholly owned subsidiary of News Corp.) was interrupted twice by advertisements. The normal duration of the said news programme is between 7 and 8 p.m. each day, comprising two main sets of news (starting at 7 and 7.30 p.m., respectively), divided by a short commentary called “Small Commentary”. The whole programme starts at 7 p.m. and the final notes (captions) are provided at the end of the programme at around 8 p.m. In the beginning of March...

IRIS 2008-6:1/3 [BE] Recommendation on Call-TV

On 18 October 2007, the Court of Justice of the European Communities delivered a landmark decision in the case between KommAustria and ORF on call-TV determining under what circumstances it came closer to commercial advertising and under what circumstances it was rather a matter of tele-shopping (see IRIS 2008-1: 4). On 21 February 2008, in application of this jurisprudence, the Collège d’Autorisation et de Contrôle (authorisation and supervision panel) of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body – CSA) of the French-speaking Community found against the editor of the...