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In a ruling of 8 January 2019, the Kammergericht Berlin (Berlin Court of Appeal - KG Berlin) addressed the question of when influencers should label social media posts as advertising. It decided that posts containing links to product providers do not generally need to be labelled as advertising. Rather, the question of whether the content of a post is functionally linked to the promotion of the company concerned should be checked on a case-by-case basis. The judgment is the first to set out principles for distinguishing between advertising and the editorial content of influencers and is relevant...

The Romanian Government and the national public broadcaster will continue to support the cinema industry in 2019 (see IRIS 2003-2/23, IRIS 2005-8/28, IRIS 2010-7/34, IRIS 2011-2/5, IRIS 2013-9/22, IRIS 2016-10/23, IRIS 2018-2/29, IRIS 2018-3/29, IRIS 2018-8/37). The Romanian Government will continue to support the film industry by granting state aid to film producers who will promote the national cultural identity and national minorities in Romania, as well as geographical areas or a city in the country. The National Commission for Strategy and Prognosis announced the opening of the 2019 session...

The issue concerned the showing of an advertisement for a granola product placed by the Kellogg Marketing and Sales Company (UK) Ltd. The advertisement appeared between episodes of the Mr Bean cartoon. The complainant was the Obesity Health Alliance which argued that it was an ad for a product that was high in fat, salt or sugar (HFSS product) that was advertised in programmes commissioned for, principally directed at or likely to appeal to audiences below the age of 16. As such, it infringed the Broadcasting Committee of Advertising Practice’s (BCAP) Code rules 32.5. and 32.5.1, namely: These...

On 29 October 2018 the national audiovisual regulatory authority, the Conseil Supérieur de l’Audiovisuel (CSA), published a report, which will be sent to the national parliament; the aim of the report is to assess the action taken by the audiovisual communication services in respect of (and to determine the level of compliance with the obligations contained in) its Food Charter. The principle of compiling a report on this area, in order to provide better information regarding television channels’ actions, was incorporated into the Act of 30 September 1986 by the Act of 20 December 2016, which abolished...

At the #watchdog18 social media conference, the German Landesmedienanstalten (regional media authorities) presented a new “labelling matrix” for advertising in social media. The matrix contains recommendations for providers of content on YouTube, Instagram, Twitter and Facebook, for example, but also covers platforms such as Twitch and Pinterest for the first time. The guidelines, which were designed to provide practical advice in the field of influencer marketing, were introduced following an increase in infringements and court procedures linked to the inadequate labelling of advertising and product...