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IRIS 2006-10:1/15 [DE] Advertisements with Jingles Criticised

The Hamburg Institute for New Media (HAM) has objected to some jingle-based advertisements shown on the MTV 2 Pop programme. By broadcasting twelve jingle-based adverts on this programme between 6 am and 8 pm MTV Networks violated Youth Protection provisions. What is objectionable, according to the decision of the HAM, is that the broadcast adverts encouraged children and young people to make a purchase, such encouragement exploiting their lack of experience and gullibility. In accordance with § 6 paragraph 2 of the Youth Media Protection State Agreement (JMStV), advertising may not contain any...

IRIS 2006-10:1/8 European Commission: Steps against Member States in Breach of the Tobacco Sponsorship Ban

The European Commission has decided to initiate infringement procedures against Member States violating the EU tobacco advertising ban as contained in the Tobacco Advertising Directive 2003/33/EC. This Directive bans tobacco advertising in printed media, on radio and over the internet. It also prohibits tobacco sponsorship of cross-border events or activities. It only targets advertising and sponsorship with a cross-border dimension and does not allow exemptions regarding the entry into force of the prescribed measures and prohibitions. However, exemptions delaying implementation beyond the prescribed...

IRIS 2006-10:1/7 Court of Justice of the European Communities: Legality of Collective Comparative Advertising

In its ruling in case C-356/04 the Court of Justice sheds light on the compatibility of advertisements comparing ranges of products with the Misleading and Comparative Advertising Directive. Colruyt, a company operating a chain of supermarket stores in Belgium, availed itself of two methods of comparative advertising. The first consisted in comparing general price levels in various supermarkets on the basis of prices charged in respect of a wide range of identical or similar basic consumables offered by itself and its competitors. As a second tactic, Colruyt advertised a line of products asserting...

IRIS 2006-9:1/39 [DE] Dispute over Advertising for Private Betting Services Still Not Resolved

No final decision has yet been taken on the future of advertising for private betting services in Germany. In a ruling of 28 March 2006, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG ) had decided that, in its current form, the state's sports betting monopoly in the Bundesland of Bavaria was incompatible with the Grundgesetz (Basic Law) (see IRIS 2006-6:8). According to subsequent BVerfG decisions of 4 July 2006 (case no. 1 BvR 138/05) and 2 August 2006 (case no. 1 BvR 2677/04), the same applied to the state's sports betting monopolies in Baden-Württemberg and North Rhine-Westphalia....

IRIS 2006-9:1/30 [RO] CNA Proposes Improvements to Romanian Audiovisual Act

The Consiliul Naţional al Audiovizualului (regulatory authority for the electronic media in Romania - CNA ) has submitted to the lower house of the Romanian Parliament a proposal to amend the current Audiovisual Act ( Legea audiovizualului Nr. 504 din 11 iulie 2002 ). One of the key changes suggested by the CNA is an increase in the penalties laid down in the current Act, which range from ROL 50 to 500 million (RON 500 to 5,000), to penalties ranging from ROL 500 million to 1 billion (RON 5,000 to 100,000). EUR 1 is currently worth RON 3.5. According to Art. 90 of Act No. 504, these fines are imposed...