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The Spanish Government has recently presented a Bill in order to implement the revised "Television without Frontiers" Directive. The Bill proposes to amend the Spanish Law 25/1994, which implemented the original "Television without Frontiers" Directive. The Bill introduces some important amendments concerning inter alia: the scope of application of the provisions of the law (it would apply to terrestrial, satellite and cable TV, and to all public and private broadcasters); the criteria used to determine in which country a broadcaster is established; the new rules on advertising (especially during...

After a debate between the Parliament and the President over some provisions of the Public Broadcasting Act (see IRIS 1997-10: 12), Ukraine has finally adopted a law providing the legal basis for the creation of a public broadcasting system in this country. The Ukrainian Parliament adopted and the President of Ukraine signed into law, the Act "on the System of Public Television and Radio Broadcasting of Ukraine", which consequently entered into force on 5 November 1997. The system has been created in the name of an all-round satisfaction of the information needs of society and to provide for a...

The Cour de cassation handed down a judgement on 24 February 1998 which is going to prolong the debate on the very sensitive issue of musical works used in sound tracks for advertising or self-promotional commercials on television. IRIS reported on the most recent case law in its February 1998 issue (see IRIS 1998-2: 6). The present judgement delivered by the High Court asserts that, as things stand legally, the use of extracts from musical works to illustrate a broadcast of an advertising nature is an infringement of the author's copyright as protected by Article L 121-1 of the Intellectual Property...

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...