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Ireland is a dualist country in the sense that the European Convention on Human Rights has not been incorporated into domestic law. However, in a judgment which is indicative of the increasing willingness of the Irish courts to take account of the Convention, the High Court in April 1997 ([1997] 2 ILRM 467) considered a ban on broadcast advertising in the light of Article 10 and the jurisprudence of the European Court of Human Rights. The advertisement in question asked "What think ye of Christ?" and went on to announce the forthcoming Easter Week showing, and satellite transmission, of a video...

On 15 April 1997, the Court of Cassation decided on the application of the "Television without Frontiers" A national broadcaster, Telemarket, the holder of a national licence to broadcast via terrestrial frequencies, was condemned by the Garante per l'editoria e la radiodiffusione to the payment of a fine. The broadcaster had transmitted fifteen hours of teleshopping programmes on one and the same day, therefore violating Article 18, paragraph 9 of Italian law n° 223 of 1990, enacted to transpose the "Television without Frontiers" Directive into Italian law. The broadcaster took legal action against...

The regional media authorities have announced that an advertisement for the "Euro" (a single European currency) produced by the Federal Government in conjunction with the European Parliament and the European Commission is not permissible as it exceeds the limits for political advertising. The private German broadcasting companies Pro Sieben and Kabel 1 had submitted two advertisements on the euro to the relevant working party on advertising at the regional media authorities to check whether they were admissible at law. One of the two was declared inadmissible as it exceeded the limits for political...

Advertising on French television is restricted by law to a certain number of minutes per hour, averaged out over the day, with a ceiling for any given hour. Advertising must be broadcast within special, clearly marked slots. The CSA has, however, noticed that over the past few months, television channels have been broadcasting more and more commercial-like messages during the actual programmes themselves. The Authority has therefore sent a letter round the broadcasters, in which it stresses the conditions of application of the law as it currently stands, while stating that programmes could nevertheless...

After six years of animated debate at the European level on the issues concerned with the regulation of comparative advertising, a conciliation agreement has been approved. The approved text provides for an amendment of Directive 84/450/EEC on misleading advertising so as to include comparative advertising. Comparative advertising is a form of advertising in which a vendor points the supposedly superior merits of his own product or service and set them against the allegedly lesser quality of concurrent products. To this aim comparative tests are often used. Bringing comparative advertising under...