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IRIS 2004-7:1/25 [IT] Co-regulation to Ensure Pluralism in Local Broadcasting

Since 8 April 2004, political communication on local radio and television has been regulated by a co-regulatory code. The Political Communication Act no. 28/2000 (see IRIS 2000-3: 9) was amended in November 2003 by Act no. 313/2003 in order to entitle local broadcasters' associations to adopt a code on political communication. The Code has been revised according to the opinion of the Communications Authority (AGCOM) and adopted by a ministerial decree. The concept is the same as the main Act, but softer in its application. Any political body (" soggetto politico ") must be granted equal access...

IRIS 2004-7:1/21 [GB] System for Regulating Broadcast Advertising Content Changed

In October 2003, the Office of Communications (OFCOM) initiated a consultation regarding "contracting out its broadcast advertising regulatory functions to a self-regulator in a co-regulatory partnership..." The proposal was that a new body ­ under the "banner" of the existing Advertising Standards Authority ­ be established to draw up, review and enforce an advertising content code for broadcast television and radio. The code-setting body would be the Broadcasting Committee of Advertising Practice and the enforcement body would be the Advertising Standards Authority (Broadcasting). OFCOM would...

IRIS 2004-7:1/11 [DE] Automatic Advertising Blocker Legitimate

In a ruling of 24 June 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) confirmed that a so-called television advertising blocker was admissible under competition law (see IRIS 1999-10: 7). The dispute between a private TV broadcaster funded through commercial advertising and the defendant concerned a device produced and sold by the latter, which could be connected to a TV or video recorder. This device automatically switches to a channel without advertisements whenever there is a commercial break on the selected channel. At the end of the advertisements, the device switches back to the...

IRIS 2004-7:1/6 [AT] Arbitration Agreement with ORF Revoked

On 16 June 2003 the Austrian public service broadcaster, Österreichische Rundfunk (ORF), and the Verband Österreichischer Zeitungen (Association of Austrian Newspapers) signed an agreement on advertising via the ORF's television channels under which the ORF pledged to comply with special rules defining the statutory restrictions applicable to the ORF in the sphere of television advertising (ORF advertising guidelines) and, in return, the Association of Austrian Newspapers agreed to go to arbitration before bringing any disputes before the court under the Unfair Competition Act and before lodging...

IRIS 2004-6:1/32 [SK] Insertion of Advertisements during a Hockey Game Does Not Constitute a Violation of Broadcasting Law

The Slovak state-owned television channel, STV, did not violate broadcasting law when it transmitted short advertisements during ice hockey games at times other than in the breaks stipulated by the rules (occurring at one-third and two-third intervals), according to the decision given by the Rada Pre Vysielanie A Retransmisiu (Broadcasting Council) in its meeting on 19 November 2003. During the transmission of the 2003 ice hockey world championship in Finland, the television channel had interrupted the games as they were being played, by inserting short advertisements. The Broadcasting Council...