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IRIS 2006-9:1/22 [IE] New Draft Television Advertising Code

At the beginning of August 2006, the Broadcasting Commission of Ireland (BCI) launched the second phase of a two-phase consultation process in relation to its new general code on television advertising. The BCI is required by section 19 of the Broadcasting Act 2001 (see IRIS 2001-4: 9) to provide advertising and other codes. The current code of advertising dates from 1995 and was amended slightly in 1999 to give effect to certain changes contained in the Television without Frontiers Directive. Phase 2 of the consultation process involves commenting on the draft code. The draft code modernises the...

IRIS 2006-9:1/12 [FR] CSA Looks to the Protection of Minors

According to Articles 1 and 15 of the Act of 30 September 1986, as amended, one of the duties of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) is to guarantee the protection of children and young people in respect of programmes that are broadcast. On 04 July 2006, as part of this mission, the CSA set up a framework for the presentation and promotion on television (apart from cinema channels and pay-per-view schemes) of cinematographic or audiovisual works and their spin-off videograms, video games and telephone and telematic services and Internet sites to which minors...

IRIS 2006-8:1/36 [BG] Prohibition of Advertising of Tobacco and Tobacco Products in the Media

In the context of the accession of Bulgaria to the EU the Bulgarian National Assembly adopted amendments to the Tobacco and Tobacco Products Act and the Radio and Television Act in August 2006 (see IRIS 2002-2: 3). A new clause is introduced in the Tobacco and Tobacco Products Act prohibiting the advertising of tobacco and tobacco products in the mass media. The advertising of tobacco and tobacco products is explicitly prohibited in radio and television programmes (Art. 35, para. 2 Tobacco and Tobacco Products Act). The advertising of tobacco and tobacco products in the press or other printing...

IRIS 2006-8:1/26 [NL] Cable Operator’s Comparative Advertising Judged Unlawful

The District Court of Arnhem delivered its judgment on a case pitting Dutch cable operator UPC against Dutch telephone and Internet provider KPN. It ruled that UPC’s comparative advertising is unlawful towards KPN. In commercials, which appeared on radio and television, on the Internet and in advertising leaflets, UPC offered the possibility to telephone via its television cable network, explicitly mentioning as an advantage that customers no longer need KPN’s services. KPN filed a suit against UPC arguing that by using the “KPN” logo in a denigrating manner the cable operator infringed its trademark...

IRIS 2006-8:1/25 [LT] New Provisions on Advertising of Pharmaceuticals

On 22 June 2006 the Seimas , the Parliament of the Republic of Lithuania, adopted a new Law on Pharmacy, the aim of which was to regularise the pharmaceutical practice in Lithuania. The said law will also change the rules on advertising and on the provision of information on drug substances and healthcare products. Until now advertising of pharmaceuticals was regulated by the former Law on Pharmaceutical Activity together with the Rules on Advertising of Pharmaceuticals, approved by the resolution of the Minister for Healthcare in May 2000. The Law on Pharmacy provides new regulations concerning:...