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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...

On 18 October 2016, the National Audiovisual Council (Consiliul Naţional al Audiovizualului) adopted a decision on the rules for the audiovisual coverage of the electoral campaign for the parliamentary elections, scheduled in Romania on 11 December 2016 (see IRIS 2004-3/33, IRIS 2005-1/34, IRIS 2008-10/27, IRIS 2009-1/29, IRIS 2009-6/28, IRIS 2009-10/24, IRIS 2011-3/29, IRIS 2011-9/31, IRIS 2012-6/30, IRIS 2014-5/27, and IRIS 2014-10/30). The electoral campaign in audiovisual media starts on 11 November 2016 and ends on 9 December 2016 at 07.00 a.m. local time, 24 hours before voting starts. The...

The Chamber of Deputies (the lower Chamber of the Romanian Parliament) tacitly approved two draft laws intended to modify the Audiovisual Law no. 504/2002 with further modifications and completions. The final decision belongs to the Senate (the upper Chamber), but the actual Parliament’s term will come to an end in mid-December 2016 and the above-mentioned draft laws are not high on the agenda, so there is little chance they will be discussed by the Senate in the present legislature (see inter alia IRIS 2013-6/27, IRIS 2014-1/37, IRIS 2014-1/38, IRIS 2014-2/31, IRIS 2014-6/30, IRIS 2014-7/29, IRIS...

The Broadcasting Authority of Ireland (BAI) has upheld a complaint regarding a television advertisement co-ordinated by the Irish Wind Energy Association (IWEA) as being in breach of Section 41(3) of the Broadcasting Act 2009, which provides that “a broadcaster shall not broadcast an advertisement which is directed towards a political end” (see IRIS 2009-10/18). A similar ban in the UK was found to be consistent with Article 10 of the European Convention on Human Rights by the European Court of Human Rights in 2013 (see IRIS 2013-6/1). The complaint concerned an advertising campaign entitled “The...