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In May 2003, the Bundeskommunikationssenat (Federal Communication Senate - BKS) decided that ORF had committed several breaches of advertising rules enshrined in the ORF-Gesetz (ORF Act) in the TV programme "Starmania" broadcast on 17 January 2003 (see IRIS 2003-7: 6). Part of this decision was then overturned by the Verwaltungsgerichtshof (Administrative Court - VwGH) at ORF's request (see IRIS 2006-7: 8). The BKS issued a new ruling on 18 June 2007. As in the original proceedings, the BKS ruled that ORF had repeatedly shown crisp packets, mineral water bottles, a one-metre high tube bearing the...

The Bundesgesetz über den Österreichischen Rundfunk (Federal Act on the Austrian Broadcasting Corporation) prohibits Österreichische Rundfunk (Austrian Broadcasting Corporation - ORF) from promoting illegal activities through television advertising and teleshopping. The same rule applies to private TV channels. In proceedings before the Bundeskommunikationssenat (Federal Communication Senate - BKS), a company accused ORF of violating this ban by broadcasting an advertising spot. The spot begins with images from everyday city life. A man in a suit and a crowd of onlookers see a plastic cup on the...

After monitoring Spanish television practices between May 2005 and July 2006 to verify compliance with the “Television without Frontiers” Directive, the European Commission found that Spanish television channels had frequently and on numerous occasions infringed the rules on advertising as contained in Articles 18(2) and 11(4) of the Directive. These infringements entailed that Spanish television advertisements often exceeded the 12 minutes per hour limit and failed to observe the 20-minute interval between advertising breaks. This situation was found to stem from the narrow interpretation retained...

The Dutch Media Authority is inter alia responsible for the practical implementation of broadcasting legislation. It fulfils this duty by means of instruments such as “policy rules”. It has recently amended existing policy rules concerning sponsorship of both commercial and public service broadcasters. Where commercial broadcasters are concerned, the Media Authority is seeking to create and promote a level playing field for the commercial television market. A number of innovations include the following: - The inclusion of the name or trademark (the latter includes logos) of a sponsor in the title...

Following a consultation process earlier this year (see IRIS 2007-5: 15), the Broadcasting Authority has discussed the feedback it has received to its consultation document on programmes dealing with motor vehicles (hereinafter referred to as “vehicles”). The Authority has emphasised that this type of programme should not be of an advertising nature but of an informative and educational nature. Naturally, the current laws will still apply to such programmes but these programmes should in particular conform, with effect from 1October 2007, to the following: a) Programmes dealing with vehicles will...