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OFCOM is the UK communications industries regulator. It was established by the Communications Act 2003 and deals with television, radio, telecommunications and wireless communications services. One of its Boards is the Content Board, a committee of the main Board. It deals mainly with broadcasting (radio and television) on issues of quality and standards. As regards content issues, these are divided into three categories or "tiers": "Tier 1 concerns negative content regulation. It covers matters principally concerning harm and offence, accuracy and impartiality, fairness and privacy. Tier 2 relates...

According to an initial analysis by the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Programme, Advertising and Media Office) of the Landesmedienanstalten (regional media authorities), so-called split-screen advertising on TV does not breach media legislation. Split-screen advertising is when the programme itself and advertisements are broadcast at the same time. According to Article 7.4 of the Rundfunkstaatsvertrag (Inter-State Agreement on Broadcasting), advertising must be clearly separated from other programme items by optical means and must be announced as such. This assessment...

The Independent Television Commission and the Office of Communications, the regulators for commercial UK broadcasting until the end of 2003 and after that date respectively, have abolished the former rule preventing the joint sale of airtime for advertising by more than one broadcaster (see also IRIS 2001-6: 7). The review of the rules was a result of conditional approval of the merger of the two major ITV companies, Carlton and Granada (see IRIS 2003-10: 7). In their consultation on the issue the regulators considered whether to issue new rules or to rely on general competition law alone to prevent...

The CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) published two recommendations on 18 December 2003 that lay down the methods for implementing the Decree of 7 October 2003 on advertising on television for sectors that were previously prohibited from advertising ­ namely the press and publishing ­ thereby exercising its powers of interpretation. Since 1 January, the press and the literary publishing industry have had full access to advertising on television. The CSA feels that this new possibility should be considered as an "extension of the freedom of the press". In respect...

In an interlocutory judgment of 13 November 2003 the Berlin Verwaltungsgericht (Administrative Court) held, in proceedings concerning the confiscation of advertising revenue derived from impugned television programmes, that section 63, paragraph 3 of the Medienstaatsvertrag Berlin-Brandenburg (the Berlin-Brandenburg Agreement on the Media ­ MstV) was unconstitutional. The subject of the statement of facts on which the decision was based was a television broadcaster's contributions to a programme in which unannounced visitors rang on people's doorbells at night. The occupiers of the house were...