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At its regular meeting on 12 May 2003, the Council of Electronic Media discussed the implementation of the provisions of the Radio and Television Law and the European Convention on Transfrontier Television regarding sponsorship of radio and TV programmes. After a discussion the Council decided that the development of broadcasters' commercial practice calls for further clarification of the Bulgarian Radio and Television Law's provisions concerning sponsored broadcasts. These provisions are as follows: "Section 92. - (1) Sponsored broadcasts shall not promote the sale, purchase, or use of goods and...

The highest German courts still cannot agree on the meaning and scope of human dignity as a restriction on freedom of expression. In a decision of 11 March 2003, the Bundesverfassungsgericht (Federal Constitutional CourtBVerfG) quashed a ruling made on 6 December 2001 by the Bundesgerichtshof (Federal Supreme Court - BGH) in a dispute relating to competition law (see IRIS 2002-2: 14) and referred the case back to the BGH for a review. In the same case, on 12 December 2000 the BVerfG had overturned and referred back the BGH's first ruling of 6 July 1995 (see IRIS 2001-2: 13). The BGH had subsequently...

The Independent Television Commission has fined a "lifestyle channel", You TV, GBP 20,000 for broadcasting misleading advertisements and passing off what were, essentially, advertisements for produced programmes. This had resulted in breaches of the Commission's Programme Code and Code of Advertising Standards. You TV is a satellite channel, launched in June 2002, School of Law University of Bristol and sister channel to Shop America. It covers issues mainly concerning health, beauty and the mind and maintains that it is not a teleshopping channel but a programme service, and wishes to remain...

The Independent Television Commission has rejected an appeal against an earlier decision by its staff that European Commission funding for a programme on the Euro breached its Sponsorship Code (see IRIS 2000-10: 7). The programme was in CNBC's "Euro Change" series, which had been partially funded by the European Commission. According to the Independent Television Commission's staff, it was a current affairs programme, and under the Code of Programme Sponsorship current affairs programmes may not be sponsored. This prohibition is to ensure that news and current affairs programmes are both free from...

In a recently published ruling, the Oberverwaltungsgericht Berlin (Berlin Higher Administrative Court - OVG) gave its opinion on the question of which legal measures the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg Media Authority - MABB) could use against a TV broadcaster that had shown what it considered to be an extended advertising programme. In the programme ars vivendi, a so-called "top gastronomic TV magazine programme", various restaurants and hotels in the Berlin and Brandenburg region have been featured in rapid succession since 1997; since the total length of the programme was...