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IRIS 2020-7:1/8 [PT] State takes exceptional measures for media and culture during COVID-19 crisis

On 19 May 2020, the Council of Ministers of Portugal approved a Resolution (Resolução do Conselho de Ministros nº 38-B/2020) establishing an exceptional and temporary measure involving the acquisition of advertising space for the diffusion of institutional actions, within the scope of the COVID-19 pandemic. According to the Council of Ministers, the current pandemic has significantly increased the state's need for institutional advertising, namely in respect of hygiene and containment measures - that citizens are expected to follow. The need for institutional communication,...

IRIS 2020-6:1/7 [NL] Minister establishes funding scheme for local public broadcasters during COVID-19

On 7 April 2020, Dutch Minister of Education, Culture and Science Arie Slob allocated EUR 11 million to help local public broadcasters and local newspapers left in need because of the COVID-19 crisis. To prevent people from being deprived of information, local broadcasters and newspapers will receive between EUR 4 000 and EUR 10 000 from a temporary support fund. The amount received will depend on their circulation and outreach. Local media is often dependent on advertising revenues, which, due to the COVID-19 pandemic, have been significantly reduced. For local media, this is difficult to...

IRIS 2020-6:1/2 [DE] Berlin Regional Court bans surreptitious advertising on BuzzFeed

Under German law, online product recommendations must be clearly labelled as advertising if news portals receive commission from the sale of the related products. The Landgericht Berlin (Berlin Regional Court) stated this in its ruling of 11 February 2020 in Case no. 52 O 194/18 after Germany’s Verbraucherzentrale Bundesverband (Federation of Consumer Organisations – vzbv) launched proceedings against the media company BuzzFeed. On its news portal’s home page, the company had listed several articles, including one entitled “18 geniale Dinge, die du dir 2018 mit deinem...

IRIS 2020-5:1/14 [IE] Advertising Standards Authority issues reminder to advertisers not to make unsubstantiated or misleading claims about COVID-19

On 7 April 2020, the Advertising Standards Authority for Ireland (ASAI), the independent self-regulatory body responsible for promoting the standards of marketing communications in Ireland, issued a  reminder to  advertisers that “any claims being made for products and services referring to COVID-19 should be adequately substantiated.” The ASAI issued the reminder following complaints it had received regarding a number of advertisements for products and services relating to COVID-19 on the grounds that they were misleading. The ASAI stated that it was “absolutely...

IRIS 2020-4:1/15 [DE] German Federal Justice Ministry plans clear rules for influencers

On 13 February 2020, the German Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection) published a draft law designed to create a legal framework for free recommendations by influencers and bloggers. The ministry intends to make it clear that comments on products made by influencers on social media free of charge and primarily for information and opinion-forming purposes do not need to be labelled as advertising. The proposed regulations were drafted following several court decisions in recent years in which the commercial nature of...