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IRIS 2003-5:1/5 Council of the European Union: Directive on Advertising and Sponsorship of Tobacco Products Adopted

At its meeting of 27-28 March 2003, the Council of the European Union adopted at its first reading a Directive on the advertisement and sponsorship of tobacco products. The Directive is based on the Commission's initial proposal of May 2001 with the addition of the two amendments voted by the European Parliament on 20 November 2002 (see IRIS 2003-1: 6). One of these amendments guarantees that Member States retain Institute for Information Law (IViR) University of Amsterdam the competence to regulate matters not covered by the Directive. These matters are, for instance, indirect advertising or the...

IRIS 2003-5:1/4 Court of Justice of the European Communities: Judgment on Misleading and Comparative Advertising

The Oberster Gerichtshof (the Austrian Supreme Court) referred a number of questions to the Court of Justice of the European Communities for a preliminary ruling regarding the interpretation of Council Directive 84/450/EEC on misleading and comparative advertising, as amended by Directive 97/55/EC. The questions arose in proceedings between the Austrian company Pippig Augenoptik GmbH & Co. KG ("Pippig") and the Austrian company Hartlauer Handelsgesellschaft mbH ("Hartlauer"). Both companies sell spectacles. Pippig markets the spectacles in three specialist opticians' shops and obtains its supplies...

IRIS 2003-4:1/25 [RO] New Advertising Restrictions

Decision No. 38/2003 of 18 February 2003 of the regulatory authority for electronic media, the Consiliul National al Audiovizualului (National Audiovisual Council - CNA), sets out new advertising restrictions for the broadcasting sector. For example, political advertising on radio or television is banned, except during election campaigns. The decision also prohibits advertising for lawyers and solicitors' firms in the audio-visual media. Active lawyers (so-called "pleading lawyers") may no longer present or take part in programmes dealing with pending cases and proceedings until a definitive court...

IRIS 2003-3:1/27 [FR] Report on France's Arrangements for Support for Cinematographic Production

On 3 February Jean-Pierre Leclerc, member of the Conseil d'État and administrator of France Télévision, submitted to the Minister for Culture and Communication his report on the necessary development in the system of support for cinematographic production. His analysis of the current situation indicates that the problem of financing is still that of its distribution among the various categories of film rather than the overall amount, although this is threatened in coming years by uncertainties in the advertising market and the unfavourable development of Canal+. The report proposes defining more...

IRIS 2003-3:1/15 [AZ] Broadcasting Statute Adopted

The Statute "On Television and Radio Broadcasting" was adopted in Azerbaijan, thus making the country the 8th Republic of the former Soviet Union to have a separate broadcasting act. The statute is based on principles of freedom of broadcasting in Azerbaijan; inadmissibility of censorship and/or interference by government bodies with the editorial activity of broadcasters; as well as protection of the professional independence of broadcasters. Under the present Statute, no broadcaster may own more than two TV and three radio channels (or programmes). Broadcasting in Azerbaijan shall be carried...