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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...

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...

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,...

The European Court of Justice (ECJ) decided in a judgement announced at the end of October that the "Television without Frontiers" Directive 89/552/EEC in the 97/36/EC version of 30 June 1997 is to be so construed that the calculation of scheduled transmission times for given programmes is to include advertising featured (the grossed-up principle). Member States are nonetheless free to lay down stricter rules in this regard for broadcasters coming under their jurisdiction, while abiding by other relevant provisions of Community law. The case brought before the ECJ under an interlocutory application...

The Bayerische Landeszentrale für Neue Medien (Bavarian State Central Office for New Media - BLM) has banned the German sports channel DSF from broadcasting virtual advertising (see also IRIS 1999-4: 14). DSF risks being fined if it repeats the offence. During a football match shown on 10 August 1999, DSF broadcast, for the first time, virtual logos and products in the centre circle of the pitch and either side of each goal. The BLM claims that virtual advertising, i.e. the superimposing of electronic advertisements on a real picture, is incompatible with §7.3 of the current Rundfunkstaatsvertrag...