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IRIS 2000-10:1/30 [RO] New Advertising Act Passed

On 1 November the Legea privind publicitatea (Advertising Act no.148), adopted by the Romanian Parliament on 29 June 2000, came into force. Previously, advertising in the Romanian audiovisual sector had been regulated by the Consiliul National al Audiovizualului (National Audiovisual Council) or merely self-regulated by advertising agencies and media institutions. The main purpose of the new Act is to protect consumers from misleading advertisements. Advertising is considered "misleading" if there is a deliberate intention to mislead the consumer by concealing essential information concerning the...

IRIS 2000-10:1/27 [LT] New Regulation of Tobacco Advertising

New restrictions designed to implement the basic principles of the "Television Without Frontiers" Directive were introduced into the 1996 Tabako Kontroljis Estatymo (Statute on Tobacco Control). The amendments entered into force on 16 March 2000. Article 11 imposes a total ban on the advertising of tobacco products. The Statute defines advertisement as "information disseminated in any form and through any means of transmission that directly promotes acquisition and use of tobacco products". Hence it includes various ways of depicting the product logo or presenting positive information about tobacco....

IRIS 2000-10:1/26 [LT] New Regulation of Alcohol Advertising

On 16 March 2000 amendments to the Alkoholio Kontroljis Estatymo (Statute on Alcohol Control) of 18 April 1995 entered into force. The amendments impose a total ban on the advertising of alcohol during television and radio programmes intended for children and teenagers. The changes are in response to the requirements of the "Television Without Frontiers" Directive. Other (generally permissible) advertising may not link the use of alcohol to driving, improvement of physical well-being, mental activity, personal problem solving, social well-being and increased sexual activity. It may not emphasise...

IRIS 2000-10:1/25 [FR] Television Trailers Constitute Advertising outside the Scope of the Legal Licence

The judgment delivered on 28 September 2000 by the Court of Appeal in Versailles will add further fuel to the debate which has been going on for a number of years on the scope of the legal licence for using commercial phonograms. In the initial proceedings (see IRIS 1998-2: 6), the Regional Court in Nanterre delivered a judgment in this case between the musician Johnny Clegg and his producers, and the company TF1 on 5 November 1997. At the same time, the Court of Appeal in Paris had already delivered a judgment in another case involving the same occurrences and had found the television company...

IRIS 2000-10:1/20 [CZ] Transposition of the Distance Marketing Directive

Directive 97/7/EC on the protection of consumers in respect of distance contracts was transposed into the law of the Czech Republic by the Amendment of the Civil Code Articles 52 - 57 in Part Five of the Code, entitled Consumer Contracts. The provisions of the Civil Code give legal protection to consumers who purchase goods and services by means of a distance communication - that is, where the consumer and the supplier do not have face to face contact. The regulation therefore covers, among others, the sale of goods via e-mail, but also sales effected by teleshopping. The consumer shall be offered...