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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...

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...