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On 7 November 2007, the Commission for Protection of Consumers banned the broadcasting of an advertisement from the company HILD Bulgaria. The Commission took its decision on the grounds that the advertisement was misleading in the sense of Article 38, para. 1 of the Consumer Protection Act. The advertisement is based on a dialogue between four famous Bulgarian actors, who are over 65 years, and the executive director of HILD Bulgaria. The following message is delivered in the advertisement: “HILD offers to all people older than 65 years a way to use their home in order to ensure their comfort...

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,...