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IRIS 2008-1:1/2 European Court of Justice: Do Prize Games on Television Constitute “Teleshopping” or “Television Advertising”?

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...

IRIS 2007-10:1/28 [MT] Medicinal Products and Medical Treatments Consultation Document

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,...

IRIS 2007-10:1/14 [DE] ProSiebenSat.1 and RTL Accept Heavy Fines from the Federal Cartel Office

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...

IRIS 2007-10:1/9 [BG] Opinion of the Council for Electronic Media Regarding the Media Coverage of the 2007 Local Elections Campaign

On 11 September 2007, the Council for Electronic Media (CEM), in accordance with its powers pursuant to Art. 33 item 3 of the Закон за радиото и телевизията (Radio and Television Act - Zakon za Radioto i Televiziata - see IRIS 2002-2: 3), adopted recommendations for fair, balanced and impartial media coverage of the 2007 local elections in Bulgaria (see IRIS 2007-9: 7). The CEM opinion is intended to create a favourable working environment in which the election campaign is covered by television and radio operators, and to ensure the observance of the universal, equal and direct right to vote of...

IRIS 2007-9:1/29 Parliamentary Assembly: Image of Women in Advertising

The demeaning attitude that the advertising industry has towards women and the ensuing skewed image of women is a source of discontent for the Parliamentary Assembly of the Council of Europe (PACE). The fact that approximately half of the world’s population is being depicted in a humiliating and degrading manner and that women are being portrayed as consumer commodities or simply objects of lust can, according to the Assembly, in certain cases be considered offensive to human dignity. The fact that the health of young girls, in particular, can be negatively affected (e.g. anorexia) by manipulative...