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As announced in its Communication on the future of European regulatory audiovisual policy published last December (see IRIS 2004-1: 6), the European Commission has adopted an Interpretative Communication on certain aspects of the provisions on televised advertising in the "Television without Frontiers" Directive. The aim of the Communication is to clarify how the rules on advertising in the Directive apply to certain commercial practices and advertising techniques, which have emerged in recent years. This should help increase legal certainty for all parties concerned. The Communication only clarifies...

On 16 March The Director General of Bulgarian National Television (BNT) was dismissed by the Council of Electronic Media (CEM). The CEM took this decision with the support of only 5 of the 9 members of the Council and it was publicly announced that the legal department of the Council did not support the decision either. The Council based its decision on the grounds that over the last two years it had issued three valid penalty ordinances for similar cases of violation of law in the program of the BNT. The frequency of occurrence qualifies the violations as systematic violations according to section...

The Dutch television programme " Breekijzer " was fined by the Commissariat voor de Media (the Dutch Media Authority - CvdM) for self-promotion. The broadcaster of the programme, SBS6, appealed, but the Court rejected the appeal on the merits of the case. In the final appeal, the ABRvS (the Dutch Supreme Court for Administrative Law) upheld the verdict of the CvdM. According to Article 52j of the Mediabesluit (Dutch Media Regulation), commercial broadcasters may not show names, pictorial marks, services and activities, etc., of persons, companies or institutions in television programmes, when...

In 1992, in accordance with the terms of a code of good conduct drawn up by the CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) provisions were integrated into the Act of 16 July 1984 with a view to better reconciling the public's right to information and the television channels' exclusive holding of rights to broadcast sport events. Thus Article 18-2 of the amended Act provides that the vendor or acquirer of the right to exploit a sports event may not oppose the broadcasting by other audiovisual communication services of brief extracts taken free of charge from the images...

Is the film The Fifth Element a victim of its own success? Apparently, as illustrated by a recent ruling by the Regional Court in Paris in a case the producer and director of a film brought against the cell phone company SFR and the advertising agency Publicis on the grounds of infringement of copyright and parasitic use. Luc Besson and the company Gaumont claimed that, in a major advertising campaign for a new service offered by the phone operator, the defendants had presented the actress who starred in the film, Mila Jovovich, in the appearance and costume of the main character in the film, placing...