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IRIS 2017-5:1/25 [IE] New General Commercial Communications Code

On 28 March 2017, the Broadcasting Authority of Ireland (BAI) launched its new General Commercial Communications Code. It replaces the previous code introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The new code follows a public consultation held in 2016 on the draft code (see IRIS 2016-8/23). The new code is divided into 22 sections and sets out the general rules and principles, definitions, and requirements regarding particular products and services on both radio and television. However, the code does not cover services provided over the Internet, nor does...

IRIS 2017-5:1/16 [FR] Base for tax on advertising broadcast by TV channels found unconstitutional

In a decision delivered on 30 March 2017, the Constitutional Council pronounced on the constitutionality of the tax on advertising broadcast by television channels, instituted by Article 302 bis KG of the General Tax Code, in its version subsequent to the Act of 15 November 2013. The tax, payable by all television service editors established in France, is calculated according to the ex-VAT amount of the sums paid by advertisers to the editors of television services “or to the advertising networks” for broadcasting their advertising spots. In the case at issue, a prior question on constitutionality...

IRIS 2017-5:1/6 [AL] Regulator concerned about practices of advertising spots in audiovisual media

The Audiovisual Media Authority (AMA) organised a roundtable discussion on 16 March 2017, prompted by several concerns related to the practices of audiovisual media services regarding advertising spots. After monitoring television stations, the regulator identified violations in relation to the duration of the advertising spots and teleshopping segments. According to Article 41 of Law 97/2013 “On Audiovisual Media” the duration of advertising spots or direct sales must not exceed 12 minutes per broadcasting hour. The regulator’s monitoring results showed that both national and local television...

IRIS 2017-4:1/33 [UA] Information security doctrine approved

The Information Security Doctrine of Ukraine (Доктрина інформаційної безпеки України) was approved by the Decree of the President of Ukraine on 25 February 2017 following the relevant decision of the Council of National Security and Defence of Ukraine (RNBU) of 29 December 2016. It is stipulated that the aim of the Information Security Doctrine is to create preconditions for the development of Ukraine’s information potential in order to avoid negative influences and counteract the on-going hybrid aggression targeted at the country. With respect to the media and information field, the Doctrine envisions...

IRIS 2017-4:1/31 [RO] Modifications of the Audiovisual Code

On 14 February 2017, the National Audiovisual Council (Consiliul Naţional al Audiovizualului, CNA) adopted Decision no. 63 for the modification and completion of the CNA Decision no. 221/2011 with regard to the Audiovisual Code for audiovisual content (see inter alia IRIS 2006-4/33 and IRIS 2014-5/28). The main goal of the modification to the Audiovisual Code was to afford better protection to minors. The Decision will enter into force 30 days after its publication in the Official Journal of Romania Part I, except the new Article 117 a1), which will enter into force in 6 months’ time. In the Code,...