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IRIS 2003-5:1/11 [CH] SRG Breaches Political Advertising Ban

The Bundesamt für Kommunikation (Federal Communications Office - BAKOM) has banned the SRG (Swiss public service broadcasting company) from broadcasting the TV commercial "Jetzt ein Stromausfall" ("And now a power cut") by the Forum Stromversorgung Schweiz (Swiss power supply forum). In the run-up to a referendum on two electricity-related petitions, the BAKOM ruled that the commercial constituted unlawful political advertising. The SRG was ordered to cease showing the commercial and to pay to the State the income it had received for broadcasting it. The commercial shows a man and a woman in a...

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...