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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,...

The Advertising Standards Authority of Ireland (ASAI) has partially upheld complaints concerning elements of the Irish Cancer Society’s “I want to get Cancer” advertising campaign. The advertisings proved particularly controversial, with 92 complaints submitted under various sections of the ASAI’s Code against the six advertisements, which featured in various media including television and radio. The campaign started with a “teaser” advertisement “where the advertisers were not identified” and the wording “I want to get cancer” featured. The following day the “reveal” adverts appeared and “the...

In general, the Ofcom Broadcasting Code permits “commercial references” in programming; however, section 9.5 cautions against “undue prominence” of a product, service or trademark, be it because there is no editorial justification or because of the manner of the reference. It is an industry convention, though not explicitly referred to in the Code, that broadcast coverage of sports events may include (as editorially justified) a brief, on-screen acknowledgement of the provider of technical information. Such information might cover lap times, statistics, or a scoreboard. On 23 January 2017, Ofcom...

A Decree adopted on 15 February 2017 has altered the scheme for television sponsorship that results from the Decree of 27 March 1992. This Decree was adopted to permit application of Articles 27 and 33 of the Act of 30 September 1986 and to lay down the general principles defining the obligations incumbent on service editors with regard to publicity, sponsorship, and tele-shopping. The new text henceforth authorises the sponsor to include the presentation of ‘its products and services’ among the means used to identify it (whereas previously only ‘its activities’ were covered) and, more generally,...

On 7 February, the Conseil d’Etat delivered an interesting decision, recalling that anyone may refer a failing on the part of an operator to the national audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) with a view to the CSA ordering it to comply with its obligations. In the case at issue, a militant environmentalist notified the CSA of a number of failings he felt had been committed by the company Radio France with regard to the rules on broadcasting advertising messages laid down in Articles 32, 34 and 42 of its terms of reference which, at the time, did not authorise the...