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IRIS 2001-4:1/12 [DE] Case Against TV Production Company

On 20 February 2001, the Niedersächsische Landesmedienanstalt für privaten Rundfunk (Lower Saxony Commercial Broadcasting Authority - NLM) instituted proceedings against TV production company Endemol and imposed a fine of DEM 100,000. The case was brought because, in the NLM's view, there had been a breach of the ban on surreptitious advertising contained in Section 7.6.1 of the Rundfunkstaatsvertrag (Agreement between Federal States on Broadcasting - RStV) in connection with the Land media authorities' common guidelines on advertising, the separation of advertising and programme material and...

IRIS 2001-4:1/10 [CH] Commercial Breaks Need Not Be Europe-Compatible

In a ruling of 13 February 2001, the Swiss Bundesgericht (Federal Court) refused to apply a more liberal interpretation of the current Swiss regulations on TV advertising and thus follow the less restrictive provisions of the European Convention on Transfrontier Television. The private TV broadcaster TV3, which had interrupted its hour-long programme Leisten after around 30 minutes with a trailer and a block of advertising, had asked the Court to adopt a more liberal interpretation. Section 18.2 of the Swiss RTVG (Radio and Television Act) provides that "single programmes" lasting less then 90...

IRIS 2001-4:1/9 [BE] RTBF Required to Resume Broadcasting of an Advertising Spot

Public opinion in Belgium has been ruffled recently by the latest advertising spot for the temporary employment company Adecco. This shows a rather unattractive and overweight employer in his fifties doing a striptease in front of a girl, ending up wearing nothing but a contract, which she then signs. Although private television channels were continuing to broadcast the spot regularly, RTBF had withdrawn it in December after there had been considerable indignant reaction on the part of viewers to its first showing. Adecco was not pleased with this, and had applied to the district court of Brussels...

IRIS 2001-4:1/8 [BE] RTBF Authorised to Make Advertising Breaks in American Series

The court of cassation in Brussels had just put an end to a long-standing dispute between RTL-TVI, the main French-language private channel, and RTBF, the public sector French-language broadcaster. In December 1997 the private channel had obtained an order by the presiding judge of the commercial court of Brussels banning the public channel from continuing to insert advertising breaks in the American series "Beverley Hills" and "The Streets of San Francisco". In doing so, the judge had based his argument on a provision of the audiovisual decree of 17 July 1987 which prohibited RTBF from interrupting...

IRIS 2001-4:1/3 European Commission: Infringement Proceedings against Spain over “Television without Frontiers” Directive

The European Commission indicates in its Third Report on the application of the Directive "Television without Frontiers" that it has initiated infringement proceedings against Spain for poor application of the provisions of Directive 89/552/EEC not amended by Directive 97/36/EC. Moreover, the Commission is in the process of gathering the information it needs to assess the extent to which the practices of certain Spanish broadcasters could constitute further infringements by Spain. The Commission has received several complaints (often coming from consumers' associations) about alleged instances...