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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...

In a judgment of 13 September 2018 (I ZR 117/15), the Bundesgerichtshof (Federal Supreme Court - BGH) decided that neither a video channel operated for promotional purposes on the YouTube Internet platform nor a video available on that channel constitute an audiovisual media service in the sense of the Audiovisual Media Services Directive (AVMSD - 2010/13/EU). In the specific case heard by the BGH, this meant that a video advertising new cars on a YouTube promotional channel had to contain information on the vehicles’ official fuel consumption and CO² emissions because the relevant obligation in...

On 17 September 2013, the Broadcasting Council of the Czech Republic issued decision no. 4143/2013 (pursuant to Section 8a (2) (g) and 8a (6) b) of Act no. 40/1995 Coll., on advertising regulation), establishing setting a fine of CZK 250000 (EUR 10000) for a breach of one of the rules laid down in section 5d (2) b) of the said law. The defendant, Biopol, broadcast a commercial during the teleshopping programme "Sunday Recipient Extra" on 11 November 2012 on the Prima television channel advertising the possible preventive and curative effect of a diet supplement (manufactured by Biopol), Barny's...

Representatives of online platforms, leading social networks, advertisers and the advertising industry have agreed on a self-regulatory Code of Practice to address the spread of online disinformation and fake news. The ‘Code of Practice on Disinformation’, which was initiated by the European Commission, was published on 26 September 2018. The signing of this code represents a commitment for industry parties to implement a range of voluntary measures to counter the spread of disinformation and ‘fake news’ within the European Union. It is a non-legally binding agreement listing...

On 28 November 2018, the consolidated text of the revised “Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (the Audiovisual Media Services Directive) in view of changing market realities” was published in the Official Journal of the European Union. The last substantive amendment to the Council Directive 89/552/EEC, subsequently codified by Directive 2010/13/EU...