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IRIS 2000-5:1/12 [IT] Application of EC Rules on The Transmission of Advertising

In its judgement of 23 March 2000 the Tribunal of Rome, sitting in chamber, confirmed the decision reached on 23 December 1999 by the same Tribunal (sitting with a single judge) on a complaint lodged by the public broadcaster RAI against the private competitor RTI for violation of EC and national rules on the transmission of advertising (see IRIS 2000-1: 10). Before the first judge, RAI asked for an injunction ordering the private broadcaster to cease advertising practices considered inconsistent with the above mentioned rules. Again without considering the merits of the complaint, The Tribunal...

IRIS 2000-5:1/10 [GB] Simpler And Clearer Approach Announced to TV Sponsorship

A simpler and clearer regulatory approach to sponsor credits is proposed in the Independent Television Commission's (ITC) review of its Sponsorship Code published on the 11th April. The ITC first published a Code of Programme Sponsorship in 1991. This followed the Broadcasting Act 1990, which made reference to sponsorship and provided for sponsored programmes on all ITC licensed services, including ITV and Channel 4. Revised editions of the Code were published in January 1994 and spring 1997. Further changes were made to the current Code (notably the extension of masthead to terrestrial television),...

IRIS 2000-5:1/8 [DE] TV Satire Did Not Break Copyright or Competition Law

On 13 April 2000, the 1st Chamber of the Bundesgerichtshof (Federal Supreme Court - BGH) decided that a satirical television programme did not breach copyright or competition law. The object of the satire was a television show in which contestants had to guess the prices of various articles. Whoever was closest to the actual price could win the article concerned. The show was sponsored by the manufacturer of an incontinence medicine, which the presenter helped to advertise in a commercial shown during the TV show. The satirical programme used original clips from the show, including the advertisement...

IRIS 2000-4:1/33 [IT] Implementation of the Comparative Advertising Directive

Approximately one year after the self-regulatory Code of Advertising and Sales Promotion was adopted by the Italian Committee of Advertising Practice (see IRIS 1999-6: 13), the Decreto legislativo Attuazione della direttiva 97/55/CE che modifica la direttiva 84/450/CEE, in materia di pubblicitĂ  ingannevole e comparativa (Statutory Instrument on Comparative and Misleading Advertising) of 25 February 2000 entered into force. With this decree Italy transposes Directive 97/55/EC, amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising. Comparative advertising...

IRIS 2000-4:1/30 [DE] Damages Awarded for Unproven Statements in Advertisement

On 31 March, the Landgericht Hamburg (Hamburg District Court) confirmed that a (print) news magazine must pay damages to a bank following the broadcast of a television advertisement (see IRIS 1997-9: 6). In an advertisement for the latest edition of the magazine, the editor said, "Many people might lose their money". The report itself did not deal with the bank's financial situation, however, but questioned the reliability of its then chairman. Even the cover page of the magazine contained the headline, "Hamburg private bank in trouble: customers fear for their money". A few days after the magazine...