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On 20 January 2005, the Munich Obe rlandesgericht (Court of Appeal - OLG) dismissed a complaint by a management consultancy company against a journalist. The plaintiff had made a claim for an injunction, information and damages because the defendant, while investigating an allegation of surreptitious advertising in an ARD evening series, had used business documents belonging to the plaintiff and a secretly filmed video. The video shows a female employee of the plaintiff in a sales meeting with syndicate representatives, offering to place certain themes or products in the series in return for payment....

On 8 March 2005 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) amended the Regulation on advertising (see IRIS 2001-9: 11) introducing new provisions on teleshopping. All products/services on sale must be accurately described and the price must be exactly explained according to the distance marketing directive. Astrology services, games, lotteries, etc… charging fee additional to the ordinary cost of phone calls cannot be marketed via teleshopping. Any spot or telepromotion requiring a phone call charging an additional fee must clearly inform the viewers...

The Landesmedienanstalten (regional media authorities) are currently investigating several alleged cases of surreptitious advertising by private TV broadcasters. After a meeting on 30 March 2005, the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Body on Programming, Advertising and Media Competence - GSPWM) announced that it had found a number of infringements of current advertising rules by various TV broadcasters: SAT. 1, Vox, Super RTL, MTV and n-tv. For example, music channel MTV had excessively lauded a new games console. In a Vox programme, a particular brand of gravy thickeners...

At its meeting in Saarbrücken on 30 March 2005, the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Body on Programming, Advertising and Media Competence - GSPWM) of the Landesmedienanstalten (regional media authorities) discussed the issue of advertising for mobile phone ring tone downloads on a private TV channel. The GSPWM recommended that the media authority responsible for the broadcaster concerned should take legal measures on account of a breach of advertising rules. The TV broadcaster advertises ring tones containing excerpts from the theme music of several of its programmes....

According to a programme analysis currently being conducted on behalf of the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Body on programming, advertising and media competence - GSPWM) of the Landesmedienanstalten (regional media authorities), ring tones are the subject of the overwhelming majority of advertisements broadcast by the four music channels in Germany. In some cases, more than 90% of airtime that can be used for advertising is devoted exclusively to this type of product. At its meeting of 16 March 2005, the Joint Body also concluded that two of the broadcasters had,...