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IRIS 1995-3:1/9 Court of Justice of the European Communities: French Restrictions on Televised Advertising Not Contrary to European Legislation

On 9 February 1995, the Court of Justice of the European Communities has ruled that Articles 30, 85, 86, 5 and 3(f) of the EEC Treaty and the EEC Directive on "Television without Frontiers", do not prevent Member States from prohibiting - by Statute or by regulation - the broadcasting of advertisements for the distribution sector by television broadcasters established on their territory. The Court answered to a question which was referred to it by the Tribunal de Commerce de Paris in its judgment of 27 September 1993, in the case of the Société d'Importation Édouard Leclerc-Siplec v. TF1 Publicité...

IRIS 1995-2:1/22 [GB] ITC Publishes New Rules on Advertising of Food, Slimming Products and Pharmaceutical Products

On 1 February 1995, the Independent Television Commision (ITC) published a number of amendments to the ITC Code of Advertising Standards and Practice. These amendments concern the advertising of food, slimming products and pharmaceutical products. They have immediate effect. The rules on food advertising have been reviewed in the context of the government's 'Health of the Nation' White Paper. As a result, the new Code outlaws, inter alia, health claims that are not fully substantiated. The section governing the advertising of slimming products has been introduced in response to a rapidly expanding...

IRIS 1995-2:1/21 [GB] New Advertising and Sponsorship Rules

The British Codes of Advertising and Sales Promotion have recently been amended by the Committee of Advertising Practice (CAP). The CAP (comprising 22 trade associations and professional bodies representing the advertisers, agencies and all aspects of the media) devises the Codes, provides a range of sanctions and pre-publication copy advice. The new Codes, the first revision since 1988 and drawn up after consultation with over 150 organisations, reflect the basic principles that were drawn up originally in 1961: that advertisements be legal, decent, honest and truthful; be prepared with a sense...

IRIS 1995-2:1/20 [GB] Adjudication by the Advertising Standards Authority on Complaints against BSkyB

The Advertising Standards Authority received 167 complaints nationwide concerning a poster for the film Indecent Proposal to be broadcast by BSkyB. This featured a photograph of a woman's body between waist and thighs clad only in briefs with the headline ' The Price is Right So They Come On Down' (an adaptation of the title and catchphrase of a popular game show); the complaints considered the poster to be tasteless and offensive. The film in question concerned the payment of $1 million to a husband for a night with his wife. The complaints were upheld. The Authority noted that the advertisement...

IRIS 1995-2:1/16 [RO] New Law Governing the Public Audio-visual Sector

The law passed by the State of Romania on 18 June 1994, governing the public radio and television service has finally brought the country into line with the provision laid down two years previously by the "law on the audiovisual sector", n° 48/1992. This decision has finally brought to an end a long political-legal battle, marked by a series of hunger-strikes, street demonstrations and interpellations by international organizations. The provisions of the new law satisfy most of the demands made by those wanting the sector to enjoy political independence. The law also lays down a number of measures...