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In July 2005, the Berlin Kammergericht (Supreme Court) and Landgericht (District Court - LG) ruled in two cases on the media law principle of separation between editorial content and advertising. The Kammergericht granted an application brought under competition law by a local radio broadcaster for an injunction against the supplier of the disputed programme. The dispute concerned an interview with the owner of a local meat company, produced by the defendant and broadcast by the claimant. The court ruled that the interview breached competition law, since it amounted to surreptitious advertising...

The National Assembly of the Republic of Serbia adopted the Law on Advertising at its session held on 14 September 2005, and it was published in the Official gazette of Serbia on 16 September 2005. The Law is based upon the expert draft of 2001 (see IRIS 2002-2: 15) and the proposal adopted by the Government of Serbia in 2004 (see IRIS 2005-3: 7), but it underwent some last minute changes prior to adoption. The Law has eleven chapters. The first chapter deals with general provisions, defining the subject matter of the law, the terms used therein as well as principles of advertising: freedom of...

A draft regulation on film production drawn up by the Romanian Ministry for Culture was adopted by the government on 14 July 2005 as Regulation N° 39 with effect from the beginning of August 2005. Above all, the new rules, which replace the previous Legea cinematografiei nr. 630/2002 (Film Act N° 630/2002, see IRIS 2003-2: 13) should create better funding possibilities for Romanian film productions and improve the competitiveness of all domestic producers. More attention will be paid in future to quality guarantees when film projects requiring funding are selected to take part in project bids....

The private broadcaster RTL Croatia has filed a claim against HRT public television (HTV) due to a breach of the Law on Croatian Radio Television. RTL claims that Croatian Radio Television had breached regulations by exceeding the permitted time for advertising 593 times in the period from 1 January 2005 until 31 June 2005. They also state that HTV had broadcast from April until June 2005 12.968 seconds of commercials and made a profit of HRK 13,3 million. RTL has filed a claim at the Commercial court in Zagreb in which they demand compensation. The Law on Croatian Radio Television stipulates in...

The Ofcom Content Sanctions Committee recently fined Channel 4 GBP 5.000 and ordered it to broadcast Ofcom's findings in a form and at a time to be determined by Ofcom. According to the Communications Act 2003, fines may not exceed 5% of “qualifying revenue” and the money is forwarded to the Treasury. The specific issue was “giving undue prominence to a commercial product” in breach of 8.4 (former ITC Programme Code) - now Section 10.4 of the Broadcast Code. During May 2004, a videotape item and discussion was broadcast on “the Richard and Judy Show” concerning the dangers of excessive caffeine...