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IRIS 2001-4:1/36 [KZ] New Code on Administrative Offences

On 30 January 2001, the Republic of Kazakhstan's new Code on Administrative Offences was signed into law by the President of the Republic. General provisions of the Code introduce new forms of administrative sanctions such as the confiscation of the means used in committing an offence, and the revocation or suspension of licenses or other form of special authorisation to engage in a certain type of activity. These sanctions can be used complementary to the imposition of other administrative sanctions such as fines, warnings, etc. Chapter 23 of the Code deals with administrative offences in the...

IRIS 2001-4:1/19 [IE] Broadcasting Bill Becomes Law

The Broadcasting Bill 1999 was passed by both Houses of the Oireachtas (Parliament) and signed into law on 14 March 2001. It paves the way for digital broadcasting. It makes provision in Part II for the supply of programme material, including transmission by digital means, and for the establishment of a transmission company (s.5) and a multiplex company (s.8). It also covers digital content contracts (s.12) and electronic programme guides (s.16). Part III deals with standards in broadcasting. The Independent Radio and Television Commission (IRTC), established by statute in 1988 to regulate the...

IRIS 2001-4:1/17 [GB] Self-Regulation “Prescribed by Law” under Article 10(2) of the European Convention

In the United Kingdom, non-broadcast advertising (such as press, leaflet and cinema advertising) is subject to the code of the Advertising Standards Authority, a self-regulatory body established by the advertising industry itself. The code does not have a direct basis in statute. The Authority published an adjudication under the code, having received a complaint from a health authority, to the effect that a leaflet promoting health products, published by Matthias Rath BV, was in breach of the code. The company applied for judicial review on the basis that this breached the European Convention on...

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...