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IRIS 2005-9:1/24 [IT] New Broadcasting Code

On 31 July 2005, the Italian Government adopted a Code collecting and rationalising all existing provisions in the radio and television broadcasting sector on the basis of a specific delegation by Parliament contained in the so-called Gasparri law (see IRIS 2004-6: 12) which is still in force. The Code was adopted by a decreto legislativo (legislative decree) and has the same force as an ordinary law, with the possibility of directly amending existing legislation. The Code is divided into ten sections and is intended to replace the former regulatory regime of the sector. It does not apply to print...

IRIS 2005-9:1/21 [GB] `Make Poverty History' Advertisements Breach Rules against Political Advertising

Under the Communications Act 2003, Ofcom (the British communications regulator) has the duty to ensure that advertising complies with the provisions of the Act. Section 319(2)(g) of the Act prohibits political advertising, which is defined as `an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature' or `an advertisement which is directed towards a political end' (s. 321(2)). Political objects and ends are further defined as including `influencing the policies or decisions of local, regional or national governments…' (s. 321(3)(e)). The...

IRIS 2005-9:1/14 [DE] Decision on Publicity Measure Targetting Children

On 12 May 2005 the Frankfurt Oberlandesgericht (Court of Appeal - OLG) ruled on a publicity measure specifically aimed at children. The Court had to decide on an urgent case brought by the Zentrale zur Bekämpfung unlauteren Wettbewerbs (centre for the prevention of unfair competition) concerning a special offer proposed by a sweet manufacturer, involving “milk tokens” printed on the sweet packets, some of which could be exchanged for bonuses. The applicant claimed the special offer exploited children's lack of experience of commercial matters, and that therefore the publicity stunt constituted...

IRIS 2005-9:1/10 [DE] Rulings on Separation Principle for Radio and Internet

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...

IRIS 2005-9:1/8 [CS] Serbian Law on Advertising Adopted

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...