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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...

On 7 December, the Senate finally adopted, by 213 votes to 0, the bill tabled by a Green Party MP banning commercial advertising in children’s programmes on public television. Article 1 of the bill supplements Article 14 of the Act of 30 September 1986 and states that advertising in these programmes will be regulated under a Council of State decree. It also gives the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) a monitoring and advisory role. Each year, the CSA will have to submit to parliament “a report evaluating the actions taken by audiovisual communication...

On 10 November 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in DTS v. European Commission, on whether the financing of the Spanish public broadcaster RTVE is compatible with EU rules on state aid. At issue were amendments introduced under Law No 8/2009 on the funding of RTVE (Ley 8/2009 de financiación de la Corporación de Radio y Televisión Española), which provided that advertising, teleshopping, sponsorship and pay-per-view services would no longer be sources of funding for RTVE. Instead, the only commercial revenue that would be available would be income which...