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IRIS 2017-6:1/24 [IT] AGCOM orders Vivendi to comply with a statutory ban to simultaneously hold qualified minority stakes in Telecom and Mediaset

On 18 April 2017, the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - AGCOM) issued a decision by which - for the first time ever - it has applied the ban set forth in Article 43, paragraph 11, of the Italian Code on Audiovisual Media Services (CAMS). That provision  was introduced in 2004, and applies to undertakings that achieve a turnover exceeding 40% of the overall combined sales in the electronic communications services markets. The provision prevents such undertakings from holding either a controlling stake or a qualified minority stake (a “collegamento”)...

IRIS 2017-6:1/19 [GB] Regulator issues note to broadcasters for upcoming general election

On 24 April 2017, Ofcom, the UK communications regulator, issued a Note to broadcasters on election programming for the General Election taking place on 8 June 2017. It follows Ofcom’s statement in 9 March 2017 that it had amended its rules relating to coverage of elections with new rules in relation to party broadcasts and rules applying to the BBC for the first time (see IRIS 2017-5/6). The Note reminds broadcasters that Ofcom’s Broadcasting Code requires that the coverage of elections and referendums complies with rules requiring due impartiality and a number of other special provisions. In...

IRIS 2017-6:1/18 [GB] Fox News breaches Ofcom Code by failing to ensure sufficient distinction between advertising and editorial content

On 6 March 2017, Ofcom determined that Fox News, a USA news channel and broadcast as a digital satellite channel, had breached Rules 9.4 and 9.5 of Ofcom’s Broadcasting Code by allowing advertising material or promotional material to be screened as if editorial content. During its Hannity show on 5 and 6 August 2016, Fox News broadcast short segments each lasting about two minutes entitled Fox Extra. These segments covered various subjects including cooking, health, technology, and travel, as well as guest interviews. On 5 August, a health section lasting about two minutes comprised of an extract...

IRIS 2017-6:1/13 [ES] Competition issues in relation to advertising in certain Spanish TV Channels

TNT and 13 TV are two channels managed and controlled by Mediaset España. Its major Spanish competitor, Atresmedia, filed a claim before the Spanish Competition Authorities, the Comisión Nacional de los Mercados y la Competencia (National Commission for Markets and Competition -  CNMC), requesting a review of the conditions under which Mediaset managed the advertising of these channels, because Atresmedia considered that they altered the competitive conditions of the TV advertising market in Spain. The CNMC dismissed the review requested by Atresmedia, considering that there were no indications...

IRIS 2017-6:1/9 [CY] Supreme Court rejects request to refer media law case to the CJEU

In a pretrial decision the Supreme Court rejected on 5 April 2017 a request by the House of Representatives of the Republic to seek the opinion of the Court of Justice of the European Union (CJEU) on a number of pretrial questions related to media issues. The Court found that the questions were formulated in a generic manner, while in the application of the House of Representatives, the reason(s) the interpretation of the CJEU was sought were not precisely determined as requested by the rules of pretrial reference. Moreover, “the formulation of the questions refers and seeks the opinion of the...