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IRIS 2005-10:1/10 [AT] Federal Communications Court on Unauthorised Advertising

In its ruling of 6 September 2005 the Federal Communications Court (BKS) issued two decisions on unauthorised advertising on the Austrian Broadcasting channel (ORF), the public service broadcaster. In one instance the ORF had broadcast two CD adverts without distinguishing them from the preceding or subsequent programme content being shown. In the opinion of the BKS, this constituted an infringement of § 13 paragraph 3 of the Austrian Broadcasting Act, whereby advertising must be clearly recognisable as such, and by using visual and acoustic effects must be clearly distinguishable from other parts...

IRIS 2005-9:1/38 [FI] Recommendations on Food Advertising

The Finnish Consumer Agency, the Consumer Ombudsman and the National Public Health Institute have drafted recommendations as a guide for advertisers when marketing foodstuffs to children. Such recommendations are deemed necessary to counter the spread of obesity in children and are based on several reviews which found that the contents and volume of advertising contribute to influencing consumption habits especially where children and adolescents are concerned. Advertising of foodstuffs aimed at children was found to consist mainly of messages associating sugary cereals, soft drinks, sweets, potato...

IRIS 2005-9:1/36 [SK] Fines for Breaching Advertising Rules

At its meeting in June 2005, the Rada pre vysielanie a retransmisiu (Council for broadcasting and retransmission) decided to impose two fines on “ Slovensko hľadá Superstar ”, a TV programme broadcast by the public broadcaster Slovenská televízia, for having breached an advertising ban. The Council justified its decision with reference to § 35 para. 6 of the Law on Broadcasting and Retransmission, according to which public broadcasters are prohibited from broadcasting any advertisements during a programme. Advertising and teleshopping spots during programmes are permitted only in the case of programmes...

IRIS 2005-9:1/29 [NL] New Sponsorship Rules for Public and Commercial Broadcasters

On 5 August 2005, new sponsorship rules for Public and Commercial Broadcasters came into force. By adopting these new rules, the Commissariaat voor de Media (Dutch Media Authority) , aligned the previous rules with the current supervisory and regulatory practice. Probably one of the most notable modifications brought about by these rules, originates from the European Commission's interpretative Communication on certain Aspects of the Provisions on televised Advertising in the "Television without Frontiers" Directive (see IRIS 2004-6: 4) and they are to be taken into account together with the applicable...

IRIS 2005-9:1/25 [IT] Maximum of Six Minispots Allowed during Soccer Games

On 28 July 2005, the Autorità per le garanzie nelle comunicazioni (Communications Authority - AGCOM) decided to amend once again the regulation on commercial advertising, in particular the provision concerning the insertion of advertising during the broadcasting of soccer games. This issue has been regulated several times during the past years due to an infringement procedure of the European Commissionin relation to Article 11, paragraph 2, of the Television Without Frontiers Directive. Originally, Regulation no. 538/01/CSP (see IRIS 2001-9: 11) stated thatduring the transmission of sports events,...