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Several Länder Media Authorities in North Germany intend to complain that two items shown by the private TV station, Sat.1, in its regional magazine programme early this year violated the ban on surreptitious advertising. The relevant committees of the Bremen Land Media Authority and the Hamburg new Media Authority have passed resolutions on this subject , and the Independent Land Broadcasting Authority in Schleswig-Holstein will be taking a decision on the matter early in June. The Land Media Authority of Niedersachsen, which is currently chairing the Land Media Authorities' Joint Advertising...

Under the Advertising Act, which came into force on 1 September last year, the advertising of alcohol and tobacco products, previously prohibited, is now legal for the first time - although the media had widely ignored the ban, even before the new act took effect. In its introductory section, the act defines "advertising" (Section 2 g); and goes on to prohibit advertising which offends against personal honour, incites violence or conduct harmful to the environment, endangers public safety or exploits fear (Section 4). Advertising aimed at minors must not interfere with their physical, moral or...

In a recent application for judicial review, the Irish Supreme Court confirmed a High Court ruling regarding the broadcasting of a religious advertisement ( See IRIS 1998-1: 6). The High Court had upheld the refusal of the Independent Radio and Television Commission to permit an independent radio station to broadcast an advertisement for the showing of a video on a religious topic. Section 10 subsection 3 of the Radio and Television Act 1988, prohibits advertisements directed towards any religious or political end, or related to an industrial dispute. The appellant submitted that the subsection...

In a decision given at the beginning of February this year, the Federal Court ( Bundesgerichtshof - BGH) abandoned its previous position that comparative advertising violated Section 1 of the Unfair Competition Act ( Gesetz gegen den unlauteren Wettbewerb - UWG) and was thus on principal unlawful (see IRIS 1998-3:3). In reaching its decision, it relied on Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997, amending Directive 84/450/EEC concerning misleading advertising ( see IRIS 1997-10: 4), so as to include comparative advertising - and did so before the time allowed...

On 20 May 1998, the Nuremberg-Fürth Regional Court upheld an earlier decision of 18 February 1998, forbidding a lawyer to advertise his services with the help of an Internet guest-book. This judgment refers to a lawyer with a homepage guest-book, on which anyone can enter information, which is then open to inspection by all other users. The lawyer concerned claims that he does not use his guest-book to advertise. It does not serve to collect commissions and addresses, but as a means of communication, like letters, telephone or fax. He also points out that, under the professional rules applying...