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IRIS 1995-9:1/15 [GB] Unsuccesful Challenge to Refusal to Permit Radio Advertising by Amnesty International

The Broadcasting Act 1990 (s. 92(2)) prohibits advertising on commercial radio by an organisation whose objectives are 'wholly or mainly of a political nature'; this is also prohibited by the Radio Authority's Advertising Code. Amnesty International was refused permission to advertise by the Radio Authority and challenged this by judicial review, arguing that the prohibition should be narrowly construed in accordance with Article 10 of the European Convention on Human Rights; thus it should apply only to organisations seeking a specific change in government whilst the objectives of Amnesty are...

IRIS 1995-9:1/12 [FR] Decision of the Court of Cassation about the Responsibility of a Sub-contractor of Technical Production of a Film

In its decision of 4 July 1995, the Court of Cassation supported the first judges' rulings which had found against the sub-contractor entrusted with the technical production of copies of an advertising film concerning a loan, who had committed a serious fault in not checking if the correction of rates requested by the client was clearly indicated in the message transmitted. This serious fault cancels the liability limitation clause. The case calls into question the responsibility of the Régie française de publicité (RFP) in the carrying out of its task, as a public administrative service, of exercising...

IRIS 1995-8:1/29 [NL] Proposals for Liberalisation of Media Act

By letter of 26 June 1995, the Dutch government sent proposals to the Parliament on the liberalisation of the Media Act. The proposals include the creation of local and regional private commercial television and a statutory regulation of advertising on local and regional private commercial radio and television. These amendments are planned to take effect starting 1 January 1996. Changes that are to take effect in the longer term (starting 1 January 1997) include the liberalisation of distribution infrastructures. A further liberalisation of the regime for national broadcasters (private and public)...

IRIS 1995-8:1/26 [GR] New Law on Private TV and Local Radio

On 3 August 1995 the Greek Parliament has adopted a law 'on the legal status of private TV and local radio, regulation of matters related to the electronic (i.e. radio and TV) market, as well as other arrangements'. The law is divided into four parts; Chapter A deals with private TV, Chapter B with local radio, Chapter C concerns matters related to the electronic market (radio and TV) and the press. The final Chapter, D, regulates matters related to the Ministry of Press and Mass Media, the legal entities under its supervision and to the National Broadcasting Council. The provisions concerning...

IRIS 1995-8:1/21 [DE] The Federal Court Maintains the Ban on Benetton's Advertising Campaign, Considered to Be Illegal on Moral Grounds

The Federal Court of Germany (Bundesgerichtshof) has endorsed a decision taken by the Regional Court (Landgericht) of Frankfurt on 6 July 1995 in which it stopped an advertisement and brochure campaign by the Italian clothing company Benetton. Three advertising themes were used in the case as a representation of the whole campaign. They portray an oil-soaked duck floating in an oil slick, hard working children in the Third World and unclothed parts of the human body bearing the stamp "H.I.V. Positive". The slogan "United Colors of Benetton" appears in the bottom right-hand corner of each advertisement...