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Since the Evin Law of 10 January 1991 was voted to outlaw any direct or indirect advertising for tobacco or its products, judges have condemned any attempt to get around the law thus making it almost impossible to publicise any brand of tobacco. A judgement of the Cour de cassation on 19 November 1997 has confirmed for instance that tobacco advertising cannot be excluded from the scope of Article 10.1 of the European Convention on Human Rights, which lays down the principle of the freedom of expression, but that insofar as regulating tobacco advertising constitutes a measure necessary for the protection...

Recently the European Commission published its Follow-up to the Green Paper on Commercial Communications in the Internal Market (Brussels, 4 March 1998; COM (1998) 121 final). The Ligue International du Droit de la Concurrence devoted its annual Colloquium to this subject (Brussels, 20 March); a summary will be published in the Ligue's International Review of Competition Law. A newsletter, Commercial Communications, The Journal of Advertising and Marketing Policy and Practise in the European Community, sponsored by DG XV, keeps interested parties informed of the developments in this field. The...

On 12 February the Council of the European Union reached an agreement on the phased reduction of tobacco advertising over the next eight years. The agreement, on the directive aiming at a tobacco advertising ban is due to come into force during 1999, after approval by the European Parliament. The agreed text foresees in the phasing-out of the most part of direct tobacco advertising in three to four years from the approval, while indirect advertising (i.e. by way of sponsorship/merchandising of other products, and/or events) is due to be eliminated within a period of six years and anyway before...

A novelty in Swedish Radio and TV Act which came into force in December 1996, is the ability of the Swedish Broadcasting Commission to ask the courts to impose certain fines on TV and radio broadcasting companies. The Commission has recently used this possibility in three decisions of which one concerns the public service television broadcaster SVT and two concern TV4, a private commercial (but also terrestrial) television broadcaster. Consequently, the Commission asked the County Administrative Court for the County of Stockholm to impose fines on SVT and TV4. SVT should, according to the Commission,...

Between the end of the advertising block and the TSR (Télévision Suisse Romande) television news broadcast, SSR (Société Suisse de Radiodiffusion) broadcast a sequence lasting approximately 20 seconds showing a sailing boat with the Omega logo on its sail, the same logo in the bottom left-hand corner of the screen and figures showing the time in the bottom right-hand corner, to a background of classical music. A similar sequence had been broadcast on SF DRS (Schweizer Fernsehen DRS) before the "10 vor 10" information broadcast, using the "Swatch Timing" brand-name. The Federal Communications Office...