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IRIS 2007-3:1/12 [BE] Deregulation of Advertising and Sponsoring Rules for Flemish Commercial Broadcasters

On 24 January 2007, the Flemish Parliament approved new modifications of the Decreten betreffende de radio-omroep en de televisie (Audiovisual Media Decree 2005) . Aside from broadening the possibilities for alliances between regional and national private radio stations and abolishing some administrative obligations for private radio and television broadcasters, the new provisions deregulate some of the restrictions and limitations that commercial broadcasters have had to observe since 1991 regarding advertising and sponsoring. In essence, the Flemish Community is abandoning its policy of imposing...

IRIS 2007-2:1/29 [MT] Requirements Regarding Gambling Advertisements

On 1 February 2007, the Malta Broadcasting Authority Directions to Broadcasting Services Imposing Requirements as to Gambling Advertising and Methods of Gambling Advertisingwill enter into force. The main objective of these Directions - which are mandatory - is to ensure that gambling advertisements on Maltese broadcast media are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising which features or promotes gambling. The Directions also seek to promote appropriate ethical standards...

IRIS 2007-2:1/28 [MT] Recent Case Law on Political Advertising

On 3 November 2006, the Maltese Constitutional Court delivered a judgment finding the Malta Broadcasting Authority to be in breach of freedom of expression. On 17 August 2000, Smash Television faxed the Broadcasting Authority a transcript of a political spot that the General Workers Union had submitted to Smash TV for broadcasting. The Authority informed Smash Television that this spot was in breach of the Broadcasting Act which prohibits political advertising unless such a spot is broadcast within a scheme of political broadcasts organised by the Broadcasting Authority. The message of the spot...

IRIS 2007-2:1/21 [GB] Regulator Ends Ban on Appeals for Donations by Television Broadcasters

Ofcom, the UK’s communications regulator, has decided, after consultation, to end the ban on television channels broadcasting appeals for donations to make programmes or to fund their services. Previously such appeals were permitted by radio broadcasters and by those broadcasting television to the UK from abroad; part of the reason for the change is to establish a more level playing field. The change will be particularly relevant to religious, ethnic minority, local and community channels, although it is not envisaged that donations will be an adequate sole source of funding for any channel and...

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...