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IRIS 1997-9:1/19 [GB] Channel 4 Funding Formula Payments Will End from 1999

In a letter to ITC Chairman Sir Robin Biggam, Mr Chris Smith, the Secretary of State for Culture, Media and Sport (the former Department of National Heritage) announced that there is no continuing need, or real justification, for the Channel 4 Funding Formula now that Channel 4 is a well-established broadcaster with a steady income stream. The 1990 Broadcasting Act contains a safety net mechanism by which Channel 4 is guaranteed funding from the Channel 3 companies should its income from advertising revenue fall below 14 per cent of Total National Advertising Revenues (TNAR). The 14 per cent threshold...

IRIS 1997-9:1/17 [DE] New Forms of Advertising for Televised Sports Broadcasts

The Bavarian regional office for new media (Bayerische Landeszentrale für neue Medien - BLM) has decided, after a pilot test, that the new forms of advertising on German sport television (Deutsche Sportfernsehen - DSF) are not permissible. DSF, which broadcasts under a licence from the Bavarian media authority, broadcast a sports programme entitled " Auf Schalke - Das Veltins Bundesligamagazin" ; during the programme results were faded in with the phrase " Clausthaler online presents". The media authority holds that the presence of the sponsor Veltins Brewery in the Schalke football magazine does...

IRIS 1997-9:1/10 [IE] Supreme Court Confirms Withdrawal of Broadcasting Licence and Defines “Advertising”

After several decades in which the national broadcaster, RTE, enjoyed a monopoly of the airwaves and up to 80-90 unlicensed "pirate" radio stations played cat-and-mouse with the law, a system for licensed commercial broadcasting was finally introduced in Ireland in 1988 under the Radio and Television Act of that year. The Act established the Independent Radio and Television Commission (IRTC), which was to enter into contracts for the provision of independent private commercial radio and television broadcasting on a national and local level, as well as community and special interest broadcasting...

IRIS 1997-9:1/9 [FR] Conditions for Legality of a Comparative Advertising Campaign

In a decision of 20 March 1997 the Court of Appeal in Aix-en-Provence has severely reminded the company E. Leclerc of the conditions for the legality of comparative advertising. Without notifying its direct competitor Carrefour , the company had issued posters showing two shopping trolleys filled with foodstuffs bearing the labels E. Leclerc and Carrefour . The second, which was much smaller than the first, was marked "E. Leclerc cheaper than Carrefour Vitrolles" and "prices for first quarter 93". The Court of Appeal, upholding the judgment of the court of first instance, penalised the failure...

IRIS 1997-9:1/8 [DE] Advertising and News Magazine's - How Far Can They Go?

In two appeal judgements given at the end of April, the Federal Court in Karlsruhe ruled that publication of lists of "top professionals" by news magazines constituted unfair competition, thus upholding the judgements previously given by the Munich Court of Appeal. The magazine, "Focus", had run a series of articles on doctors and lawyers in Germany and had used criteria such as "reputation among colleagues" and "membership of expert bodies" to produce lists of the "500 best doctors" and "500 best lawyers". The court saw this as harmful to other members of these professions, since claims that...