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IRIS 2000-1:1/12 [CH] Illegal Alcohol Advertising on SRG

The Swiss Radio and Television Corporation (SRG) broadcast illegal advertisements for alcohol during the Football World Cup in France. According to a decision of the Federal Office of Communication (BAKOM) in December last year, the channel will be fined SFr 5,000 and will have to forfeit the net profit made from the advertisement concerned (around SFr 550,000). The commercial was broadcast a total of 486 times on television channels SF DRS, TSR and TSI. It shows football players celebrating victory by drinking beer. The logo Feldschlösschen appears on beer bottles and glasses. Towards the end...

IRIS 2000-1:1/7 European Commission: Future Strategy for Audiovisual Policy in the Digital Age

The European Commission recently adopted a Communication on the planned future strategy for the audiovisual sector. The document sets out the main issues and principles of an audiovisual policy to cover the next five years, taking into account the technical progress and rapid growth of the audiovisual sector. The Communication makes it clear that the Commission does not intend to create a totally new regulatory framework for audiovisual services in the digital age. Rather, it hopes to build on existing measures such as the "Television without Frontiers" Directive and the Council Recommendation...

IRIS 1999-10:1/15 [ES] Developing the Revised Spanish Law on the implementation of the "Television Without Frontiers" Directive

The most important legal provision in Spanish Broadcasting Law as far as content regulation is concerned is Law 25/1994, on the implementation of the "Television Without Frontiers" Directive. The Law 25/1994 was amended in June 1999 by Law 22/1999, which incorporated into Spanish Law the new "Television Without Frontiers" Directive (EC Directive 97/36/EC). Now, Spanish Law 25/1994 (as amended by Law 22/1999; see IRIS 1999-7: 10) has been developed by a Regulation approved by the Government. This Regulation, which only applies to national broadcasters, deals with several matters: - The right of...

IRIS 1999-10:1/10 [DE] Advertisements Making Use of Historic Figures of our Time

In its judgement of 2 September 1999, the Oberlandsgericht Munich (Regional Court of Appeal - (OLG) fully endorsed the temporary injunction granted by the Landgericht Munich (District Court). The Landgericht (LG) had restrained the publishing house concerned from making use of a portrait of the plaintiff`s mother for commercial purposes, in particular for television advertising, inasmuch as this picture was not reproduced in the editorial section of the same issue of the newspaper being advertised. A general ban on the use of portraits in advertising, for which the plaintiff had petitioned, was...

IRIS 1999-10:1/9 [DE] Courts Allow

In its decision of 23 September 1999, the Frankfurt Appeal Court ( Oberlandesgericht - OLG) rejected an appeal lodged by a private commercial television company against a ruling of the Frankfurt District Court ( Landgericht - LG). The District Court had refused to grant a temporary injunction against the sale of the so-called "television fairy" ( Fernsehfee). The defendant sells a television attachment ("television fairy") which automatically switches to a channel without advertisements whenever there is a commercial break. The appellant claimed that its own existence was threatened by this product,...