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IRIS 2021-6:1/27 [DE] Advertising industry adopts new code of conduct and strengthens youth protection

On 12 April 2021, the Zentralverband der deutschen Werbewirtschaft (German Advertising Federation – ZAW) presented a revised version of the code of conduct on commercial communication for foods and beverages, which will enter into force on 1 June 2021. These self-regulatory rules apply to commercial communication such as advertising on TV, radio, posters and in magazines, as well as Internet and social media advertising, cooperation with influencers, and advertising on social networks and video platforms. Under the revised version of the Verhaltensregeln des Deutschen Werberats über...

IRIS 2021-6:1/32 [IT] European Delegation Law setting criteria and principles for AVMSD implementation

On 21 April 2021 the Italian Parliament passed the 2019-2020 European Delegation Law (Law No. 53/2021). The European Delegation Law vests in the Executive the power to adopt, by a legislative decree, a set of provisions implementing in the Italian legal system the directives that Italy is bound to transpose according to the EU Treaties. When providing for such delegation of powers the law also establishes the criteria and principles that the national norms, to be adopted by the Executive branch, shall comply with. Article 3 of the 2019-2020 European Delegation Law provides the criteria and...

IRIS 2021-5:1/25 [ES] New agreement for the promotion of co-regulation concerning commercial communications on television

On 6 April 2021, the Spanish regulator Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition - CNMC), and the independent advertising self-regulatory organisation Asociación para la Autorregulación de la Comunicación Comercial (AUTOCONTROL) signed an agreement to promote the co-regulation of commercial communications on television.   AUTOCONTROL manages the Spanish system of self-regulation of commercial communication which helps to ensure the correct application and compliance with the General Act 7/2010 on Audiovisual...

IRIS 2021-5:1/7 [GB] Advertising watchdog warns Instagram influencers over compliance

On 18 March 2021, the Advertising Standards Authority (ASA), the UK’s regulator of advertising across all media, published its research on whether influencer ads are appropriately disclosed on social media. The regulator’s report revealed a “disappointing overall rate of compliance” with its rules requiring ads on social media to be clearly signposted as such. The UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code), which applies to ads in all non-broadcast media, including digital platforms, requires that marketing communications must...

IRIS 2021-5:1/2 [IT] Referral to CJEU of preliminary questions regarding advertising time limits

On 25 March 2021, the Italian Council of State referred some preliminary questions to the Court of Justice of the European Union about the advertising time limits. In 2017, Agcom sanctioned three media service providers of the RTI group (“Canale 5”, "Italia 1" and “Rete 4”) for the violation of advertising time limits, pursuant to Article 38, paragraph 2 of the legislative decree 31 July 2005, No. 177 (the Italian media legislation, also known as “TUSMAR”). According to this provision, self promotion of broadcasters' programs is not included...