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IRIS 2008-3:1/27 [SE] Improper Favouring of a Commercial Interest in Sponsoring Message

On 3 December 2007 Kammarrätten i Stockholm (The Stockholm Administrative Court of Appeals) judged in a case regarding improper favouring of a commercial interest in a sponsoring message. The case concerned the application of provisions in the Radio- och TV-lagen (The Radio and TV Act – RTL). The RTL transposes into Swedish law the “Television without Frontiers” Directive 89/552/EEC, amended by Directive 97/36/EC. The programmes in question were two episodes of a Swedish TV-series broadcast by the Swedish nationwide television channel TV 4 on 2 October 2007 and 9 October 2007 respectively. During...

IRIS 2008-3:1/24 [MT] Directive on Programmes and Advertisements Broadcast During the Electoral Period

Following the issue of the Presidential writ that general elections will be held on 8 March 2008, together with local council elections for 23 localities in Malta and Gozo, the Broadcasting Authority issued a Directive governing programmes and advertisements broadcast between 11 February and 8 March 2008. This Directive, which came into force on 11 February 2008, requires all radio and television stations to submit their programme schedules for approval to the Broadcasting Authority so that the latter would be in a position to ensure that during the electoral campaign periods all political parties...

IRIS 2008-3:1/22 [LT] Regulation on Misleading and Comparative Advertising Revised

With the aim of implementing the Unfair Commercial Practices Directive (Directive 2005/29/EC) the Lithuanian Seimas (Parliament) amended the Lietuvos Respublikos reklamos įstatymas (Law on Advertising). The new law came into force on 1 February 2008. Principally, it was the provisions regarding misleading and comparative advertising that were amended. As the provisions of the Law on Advertising are applicable also to advertising in broadcasting, these amendments and additions are also relevant for the field of broadcasting. According to the new Law, advertising shall be considered as misleading...

IRIS 2008-3:1/19 [GB] Virgin Media Broadband Radio Advertisement Cleared by the Advertising Standards Authority

An adjudication by the UK Advertising Standards Authority Council (Broadcast) has decided that a radio advertisement for Virgin Media Broadband did not infringe the British Code of Advertising Practice Radio Advertising Code, Section 3, concerning “Misleadingness”. A parallel adjudication by the Advertising Standards Authority Council (Non- broadcast) also cleared Virgin in respect of a national press advertisement headed “Truth, Lies and Broadband”. In total, 10 claims were the subject of the adjudication. However, most of the objections, made by both the general public and competitors (British...

IRIS 2008-3:1/18 [FR] CSA Examines Sports News

In an opinion published on 8 February 2008, the audiovisual regulatory authority ( Conseil Supérieur de l’Audiovisuel - CSA) announced that it was toughening its position on the visibility of cigarette brand names during television broadcasts of motor sport competitions. As an exception to the general principle banning advertising of tobacco products set out in Article L. 3511-3 of the Public Health Code, “television channels may broadcast motor sport competitions that take place in countries where advertising for tobacco is permitted” (Art. L. 3511-5 of the Code). Previously it had been considered...