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The European Commission adopted its Sixth Report on the application of the “Television without Frontiers” (TWF) Directive on 24 October 2007. The Commission is required to adopt such bi-annual reports under Article 26, TWF Directive. The period covered by the Sixth Report is 2005 and 2006. The main objective of this report is to describe and analyse the salient facts relating to the application of the Directive during this period. The Report commences with an outline of recent developments in the television market in Europe. This explanation of developments is followed by a discussion of the Foreign...

On 29 November 2007, the European Parliament approved without amendments the Council’s Common Position on the proposed new Audiovisual Media Services without Frontiers Directive. The Common Position adopted on 15 October 2007 formalised a text which had throughout the legislative process been the object of inter-institutional negotiations: the informal contacts between the Parliament, the Commission and the Council culminated in a final text approved with no amendments by Parliament. The Commission had originally proposed a regulatory construction consisting of a core of rules applicable to all...

In its Judgment of 18 October 2007 in case C-195/06, KommAustria v. ORF, the Court of Justice laid down a number of criteria for the purposes of determining whether a prize game organised during the broadcast of a television programme can be classified as “teleshopping” or “television advertising” within the meaning of Article 1 of the Directive 89/552/EEC (Television Without Frontiers Directive). The present judgment originates from a reference for a preliminary ruling submitted by the Austrian Bundeskommunikationssenat in the proceedings between the Austrian Communications Authority, KommAustria...

The Broadcasting Authority has launched a consultation process on the formulation of new Requirements as to standards and practice regulating programmes involving the participation of certain health care professionals in the broadcast media, and on advertisements, methods of advertising, and directions applicable to medicinal products and medical treatments. An Advisory Committee was set up by the Broadcasting Authority to draw up a consultation document, and is composed of one representative each of the Broadcasting Authority, the Consumer Affairs Council, the Medical Council, the Pharmacy Council,...

The Federal Cartel Office (BKartA) has imposed fines on ProSiebenSat.1 Media AG and the RTL Group in the amount of EUR 120 million and EUR 96 million respectively. The German guardian of competition accused the broadcasting groups of vertically sealing-off the advertising market. The two media concerns have accepted severe penalties, whereupon the BkartA subsequently, on 5 October 2007, discontinued the current procedure. Vertical restriction of advertising was apparent in the “share-deals” offered over many years by the marketing firms of the broadcasters: SevenOne Media and IP Deutschland. Such...