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IRIS 2007-2:1/14 [DE] Land Media Authority Not Subject to Land Government Directives

In a judgment of 9 January 2007, the Bayerische Verwaltungsgerichtshof (Bavarian Administrative Court - VGH) decided that the Bayerische Staatsministerium für Wissenschaft, Forschung und Kunst (Bavarian Ministry for Science, Research and Art) could not, as part of its official monitoring activities, instruct the Land media authority, the Bayerische Landeszentrale für neue Medien (Bavarian State Central Office for New Media - BLM) to prohibit the broadcasting of unlawful advertising on the channels for which it was responsible. The case concerned the dispute over the admissibility of advertising...

IRIS 2007-2:1/13 [CY] No Advertisements during Short News Bulletins

News bulletins of a duration of less than 30 minutes must not be interrupted by advertisement breaks. An amendment to Article 33 of the Radio and Television Stations Law 7(I)/1998 has put news bulletins on the list of programmes less than 30 minutes long, which must be free of advertisements and tele-shopping. These programmes include documentaries, current affairs, religious and children programmes. The amendment brings the law into line with the relevant provision of the Television without Frontiers Directive (Article 11, paragraph 5). The provision of the law in force before the current amendment...

IRIS 2007-2:1/11 [BA] Amendments to the Advertising and Sponsorship Code for Radio and Television

The Communications Regulatory Agency (RAK) of Bosnia and Herzegovina, responsible for the broadcasting and telecommunications sector, has adopted changes and amendments to the Advertising and Sponsorship Code for Radio and Television, in accordance with Article 39, Section 1, of the BiH Law on Communications (BiH Official Gazette, No. 31/03). Compared with the previous one the new Code includes some significant changes related to the advertising of certain products and services, as well as to the protection of minors. The Code strictly forbids advertising and tele-shopping featuring tobacco products,...

IRIS 2007-2:1/9 European Parliament: First Reading of Audiovisual Media Services Directive

In December 2006, the European Parliament discussed the Commission proposal, unveiled a year earlier, to revise the Television Without Frontiers Directive (see IRIS 2006-1: 5). The revision is being carried out with a view to converting the Directive into a future-proof version which has accordingly been dubbed the Audiovisual Media Services Directive. The European Parliament adopted the report produced by the German parliament member Ruth Hieronymi. This first reading resulted in approximately 130 amendments to the original Commission proposal. Parliament has accepted the basic underlying principles...

IRIS 2007-2:1/4 Court of Justice of the European Communities: Tobacco Advertising Ban

On 12 December 2006, the Court of Justice of the European Communities (ECJ) dismissed the case brought by Germany against the European Parliament and the Council of the European Union for the annulment of the Directive on advertising and sponsorship in respect of tobacco products in media other than television (2003/33/EC) (case C-380/03). Germany had essentially argued that Art. 95 of the EC Treaty, which empowers the Community to take measures for the approximation of national provisions, which have as their objective the establishment and functioning of the internal market, was not a suitable...