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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,...

On 19 October 2016, the Romanian President promulgated Law no. 187/2016, a modification of the Audiovisual Law no. 504/2002 with further modifications and completions (Legea Audiovizualului nr. 504/2002 cu modificările și completările ulterioare). The modification came into force on 20 October 2016. Another modification of the Audiovisual Law, with regard to prohibiting the advertising of medicinal products and pharmacies in audiovisual media, was finally rejected by the Senate (upper Chamber of the Romanian Parliament) on 15 October 2016 (see inter alia IRIS 2013-6/27, IRIS 2014-1/37, IRIS 2014-1/38,...

The Advertising Standards Authority of Ireland (ASAI) has upheld a number of complaints regarding an advertisement that was part of (Coca Cola) Sprite’s “#BrutallyRefreshing” campaign. The advert appeared on two Irish websites, Joe.ie, a men’s lifestyle website, and WaterfordWhispers, a popular Irish satirical news website. The ASAI received ten complaints in relation to the campaign. The advert featured bottles of Sprite Zero and regular Sprite alongside the following captions; “she’s seen more ceilings… than Michelangelo” “you’re not popular…you’re easy” “a 2 at 10 is a 10 at 2”. All of the complainants...