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On 19 December 2016 Fox News - broadcast on the digital satellite platform and owned by Fox News Limited Liability Company - was found to be in breach of Rule 9.2 of Ofcom’s Broadcasting Code for insufficiently distinguishing between its editorial content and an advertising segment in its “Fox and Friends” programme. “Fox and Friends” is a weekday news and general discussion programme broadcast from New York between 6 a.m. and 9 a.m. (EST) and simultaneously in the UK between 11 a.m. and 2 p.m. (GMT). Ofcom received a complaint concerning a “Fox and Friends” segment called “It’s Your Money” and...

On 30 November 2016, the Advertising Standards Authority of Ireland (ASAI) issued its decision concerning a television alcohol advertisement featuring a mixed martial arts (MMA) star. The decision sets out the ASAI’s approach to determining whether a sports star may be considered to have “hero/heroine of the young status”. The advertisement for Budweiser beer featured MMA champion Conor McGregor, walking through a Dublin housing estate, with a voice over “Dream as big as you dare”, and accompanied by the Budweiser logo. The advertisement included the text “Dream Big - Enter at BudDreamBig.ie, ROI...

By adopting an amendment to the Finance Act on 29 December 2016, French MPs defied the government by including the advertising income of websites offering free or paid video content in the sum of revenue generated from video sale and rental on which the so-called ‘video and VoD tax’ is levied to fund the National Centre for Cinema (Centre national du cinéma - CNC). The tax will be paid by providers of on-demand audiovisual media services and social platforms (such as YouTube or Dailymotion) that offer access to audiovisual content. The tax will therefore apply to any operator, wherever it is based,...

In two decisions of 17 November 2016, the seventh chamber of the Verwaltungsgericht Hannover (Hanover Administrative Court - VG) rejected two appeals by RTL against decisions issued by the Niedersächsische Landesmedienanstalt (Lower Saxony media authority) following breaches of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). The advertising-related provisions of the Rundfunkstaatsvertrag set out, in a general way, the obligation to separate editorial content from advertising, lay down limits for broadcast advertising, and provide a basis for the prosecution of those who infringe...

On 1 January 2017, the new gambling law took effect. Each provider of gambling has to obtain a basic operating permit, which is issued by the Ministry of Finance. The gambling provider must therefore apply for the relevant authorization. Unauthorized gambling should not be broadcasted or advertised. Exempted from the new Gambling law is gambling in the form of consumer competitions and other prize competitions. These forms of gambling are now considered to be normal business practice. The law allows the assessment of consumer competition as business practice in general. Games in the form of calls,...