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 On 5 May 2021, Lithuania's Supreme Administrative Court confirmed that the republishing of a private company’s press release can constitute surreptitious advertising. The case was initiated by the complaint of a private person P.P., asking whether the news media outlet UAB 15min have disseminated surreptitious advertising by publishing the article: "New travel trends: all-inclusive or everything unexpected?". In this article the media outlet basically republished the press release of the travel agency UAB Baltic Tours Group, thus P.P. claimed that this is surreptitious...

On 26 May 2021, the European Commission adopted its Guidance on Strengthening the Code of Practice on Disinformation (see IRIS 2019-1/7).   The Guidance calls for the reinforcement of the Code by strengthening it in the following areas: - The Commission encourages platforms active in the EU, relevant stakeholders in the online advertising ecosystem, private messaging services, as well as stakeholders that can contribute with resources or expertise to the Code's effective functioning, to join the Code. The Code should include new tailored commitments corresponding to the size and...

On 31 March 2021, the Czech Supreme Administrative Court upheld the judgement of the Regional Court of Brno in the case INDEX ČECHY s.r.o. against the Ministry of Industry and Trade concerning unlawful advertising. In 29 June 2016, the Regional Office of the South Moravian Region imposed a fine of CZK 50,000 on the plaintiff for committing an administrative offence pursuant to Section 8a (3) d) of Act No. 40/1995 Coll., on the regulation of advertising. It produced an advertisement in the form of a double-sided leaflet, which was publicly distributed in a quantity of 213,689, and which...

On 29 April 2021, the Stichting Reclame Code (Dutch Advertising Code Foundation) announced that Facebook had joined, and officially endorsed the principles and objectives of the Advertising Code Foundation. The Foundation is the self-regulatory body for advertising in the Netherlands (see IRIS 2018-2/27 and IRIS 2013-7/21). Importantly, the Foundation maintains the Nederlandse Reclame Code (Dutch Advertising Code), and consumers, commercial companies and other organisations that have a complaint about an advertisement can submit it to the independent Reclame Code Commissie (Advertising...

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted further rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. Following the entry into force of an initial series of rules designed to implement the MStV’s provisions on exemption from prior authorisation, advertising and competition (see IRIS 2021-4/12), the latest rules concern, among other things, European productions (Article...