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IRIS 1999-6:1/11 [DE] Decision on Split-Screen Advertising Upheld

In a judgement delivered on 1 April 1999, the Higher Administrative Court ( Oberverwaltungsgericht OVG ) in Berlin dismissed the appeal of the Berlin-Brandenburg media authority against the decision of the Berlin Administrative Court ( Verwaltungsgericht VG ) of 17 December 1998. In its decision, the VG Berlin had held the practice followed by the television broadcaster n-tv, using a crawling display simultaneously with the normal picture for advertising purposes, to be admissible (see IRIS 1999-2:6). In its judgement, the OVG agreed with the court of first instance that the crawling text, as...

IRIS 1999-6:1/10 [DE] New Rulings on Extended Advertising Programmes and Surreptitious Advertising

In two judgements delivered on 15 April 1999, the Berlin Administrative Court ( Verwaltungsgericht - VG ) upheld earlier rulings made in the granting of provisional legal protection. The first case (file no. VG 27 A 289.98) concerned whether the feature film " Feuer, Eis und Dynamit " should be indicated as being an extended advertising programme (see IRIS 1999-1:6). The applicant broadcaster had appealed against the decision of the Berlin-Brandenburg media authority ( MABB ) under which the film could only be broadcast if it were indicated as being an extended advertising programme. In the Court's...

IRIS 1999-5:1/12 [FR] The CSA Gives Its Opinion on the Second Part of the Bill to Reform the Audiovisual Scene

The CSA ( Conseil supérieur de l'audiovisuel - audiovisual regulatory body) has given its opinion on the second part of the bill to reform the audiovisual area which supplements the text amending the organisation and financing of the public-sector audiovisual area adopted by the Conseil des Ministres last November (see Iris 1998-10: 13). The CSA stresses that «the second part of the bill to reform the audiovisual area deals with a number of serious shortcomings in existing legislation, particularly as regards broadcasting by satellite, and permits the transposition into French law of a number of...

IRIS 1999-5:1/10 [DE] Amendment of the Agreement between Federal States on Broadcasting

On 14 April 1999 the leaders of the State and Senate Chancelleries of the German Bundesländer agreed to amend the Agreement between Federal States on Broadcasting (Rundfunkstaatsvertrag - RStV), which regulates public and private broadcasting in the Federal Republic of Germany. In view of the need to transpose the provisions of the revised "Television without Frontiers" Directive into domestic law, the discussions initiated in January 1998 concerning a revised Agreement (see IRIS 1998-3:10) were concluded. The Land presidents will make a final decision on the amendments on 24 June 1999. Then, once...

IRIS 1999-5:1/5 [AT] Constitutional Court Rules on Taxation of Radio and Television Advertising

In late 1998, the Constitutional Court had stated its startling conclusions regarding the (always contested) «advertising tax» levied by the city of Vienna. The relevant legal provisions state that «a tax is to be paid to the city of Vienna for advertisements within the boundaries of the city of Vienna. [...] Advertisements [...] also include any external advertisements by broadcasters (radio and television) which originate from studios located in the city of Vienna». The Vienna advertising tax amounts to 10 % of the net revenues from commercial advertisements. The starting point was an attempt...