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In a judgment given on 27 January 1998, the Berlin Administrative Court upheld a television company's appeal against a Media Authority decision instructing it to indicate, at the beginning and in the course of a programme, that it was an extended advertising programme. The programme in question presented Berlin restaurants and hotels, none of which paid to be featured. The term "advertising programme" is defined neither in the National Broadcasting Agreement nor in the broadcasting law of the Länder. In deciding whether advertising was involved, the Court relied on Article 1 (b) of Directive...

The Court of Cassation (2nd Civil Chamber) has recently (11 June 1998) delivered a decision stating that Article 6 of the Act of 29 July instituting a right of reply in the audiovisual communications services does not differentiate between the various possible forms of audiovisual communication and may therefore apply to an advertisement. The Court nevertheless recalled that, unlike the principles governing the written press, according to which a person need only be "designated" in a piece of writing to be entitled to reply, in audiovisual matters the message needed to contain "charges likely to...

The Model statute “On transfrontier satellite television and radio broadcasting and international information exchange via satellite means”, an advisory legislative instrument, was adopted by the Interparliamentary Assembly of CIS Member States on 15 June 1998. It regulates relations that emerge in the process of establishing systems of satellite television and radio broadcasting and satellite telecommunication networks; of obtaining permission to use such networks; of their actual use; of television and radio broadcasting via satellites of one state to the territory of another state or to territories...

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...