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IRIS 2006-7:1/10 [AT] Product Placement and Self-advertising on the ORF Television Channel

The Federal Communications Commission (BKS) established in May 2003 that ORF had on several occasions during the television programme “Starmania” violated the ORF law on advertising limitations (see IRIS 2003-7: 6). With regard to the appeal of ORF against this decision, the Administrative Court ruled as follows: 1. The BKS had established that ORF had repeatedly shown crisp packages, mineral water bottles, a one metre high tube as well as plasma television screens, which all clearly bore a brand name. It considered that this constituted a violation of the ban on product placement in that such...

IRIS 2006-7:1/4 Court of Justice of the European Communities: Advocate General’s Opinion in Case C-380/03 (Tobacco Advertising Directive)

Advocate General Léger has argued in his closing submissions that the claim lodged by Germany against the Directive on advertising and sponsorship of tobacco products in media other than television (2003/33/EC) should be dismissed (Case C-380/03) (see IRIS 2005-7: 10). Germany had already challenged a previous, similarly entitled Directive of 6 July 1998 (98/43/EC) in the ECJ on the grounds that its legal basis was incorrect (Case C-367/98) and had succeeded in having it completely annulled. In September 2003 Germany made a fresh application for annulment of the follow-up Tobacco Advertising Directive...

IRIS 2006-6:1/33 [RO] Advertising for Spirits in Football Stadiums Prohibited

The Consiliul Naţional al Audiovizualului (regulatory body for electronic media in Romania - CNA) has ruled that, during the TV broadcast of the football match between Bucharest's top division teams Steaua und Dinamo on 9 April this year, banners advertising alcoholic beverages had been displayed at Dinamo's stadium, infringing the Legea privind publicitatea (Advertising Act no. 148/2000), amended by the Ordonanţa de guvern (Government Order) no. 90/2004. The CNA sent a written complaint to the Liga Profesionistă de Fotbal (Romania's professional football league) and to the municipal authority...

IRIS 2006-6:1/32 [RO] CNA Exemption for Donating Companies

Following the tragic scale of this year's floods in Romania's Danube region and the large number of families affected, the Consiliul Naţional al Audiovizualului (regulatory body for electronic media in Romania - CNA) granted special permission to broadcasters in a communiqué dated 18 April 2006: if they were willing to organise relief action to help those affected, they would be allowed, in reports on such action, to name those who were making donations, including the names of any goods that were offered as aid.

IRIS 2006-6:1/29 [NL] Media Authority Issues Warnings to Two Public Broadcasting Organisations

Dutch public broadcasting organisations VARA and TROS have both received official warnings from the Commissariaat voor de Media (Media Authority). The consumer programmes of these two networks were found to have cooperated with providers of Internet sites that offer a scheme to compare different insurance policies enabling consumers to make an informed choice. In doing so, they were in breach of the Media Act which prohibits public broadcasting organisations to serve the profit-making activities of third parties. The Internet site of VARA’s consumer programme Kassa provided consumers with information...