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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...

IRIS 2021-4:1/23 [FR] CSA orders C8 to obey sponsorship rules

During the broadcast of the programmes “La Grande Darka“ and “Touche pas à mon Poste“ on the C8 television channel on 21 and 23 September 2019 respectively, the company Skyline Airways was mentioned several times and given visual prominence in relation to prize draws in which the prizes included flights organised by the airline. On 20 April 2020, believing this to be a possible violation of the decree of 27 March 1992 defining broadcasters’ obligations in relation to advertising, sponsorship and teleshopping, the Conseil Supérieur de l'Audiovisuel...

IRIS 2021-4:1/22 [GR] The transposition of the AVMSD in Greece

Greece has transposed the Audiovisual Media Services Directive (AVMSD) in part A of Law 4779/2021. In the interest of promoting European works, on-demand media service providers shall ensure at least a 30% share of European works in their catalogues (Article 13, paragraph 1). The law does not describe  the concrete means of ensuring the prominence of European works in their catalogues. Financial obligations are imposed on all media service providers established in Greece (Article 8 of Law 3905/2010 (Official Gazette A 219)), but only on non-linear media service providers targeting Greece (Article...

IRIS 2021-4:1/19 [NL] New Code of Conduct on transparency of online political advertising in the Netherlands

On 9 February 2021, the Minister of the Interior and Kingdom Relations published the Dutch Code of Conduct on transparency of online political advertisements ("the Code"). According to the International Institute for Democracy and Electoral Assistance (International IDEA), the intergovernmental organisation that co-drafted the Code, it is the first national code of conduct on online political advertising in the European Union. The Code is a collaborative effort of various internet platforms (Facebook, Google, Snapchat, and TikTok) and 11 out of 13 political parties (VVD, CDA, D66, GroenLinks,...