Search results : 1524

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,...

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...

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...

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...

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...