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On 22 June 2016 the State Duma (parliament) of the Russian Federation adopted a statute that amends the statutes on Mass Media (see IRIS 2001-9/25) and on Advertising (see IRIS 2006-4/34) by introducing rules for TV audience measurement services. In particular, the amendments prohibit foreign entities, foreign governments, international organizations, as well as Russian entities under their control or with foreign participation or foreign capital exceeding 20 percent, from engaging in television audience measurement services. From now on this activity will be allowed only under special authorization...

The Broadcasting Authority of Ireland (BAI) has launched a public consultation on a draft General Commercial Communications Code. The draft code “sets out the rules for Irish radio and television stations with regard to airing advertising, sponsorship, product placement and other forms of commercial broadcasting.” The Code clarifies for broadcasters the definitions and exclusions of various forms of paid-for communications. The BAI General Commercial Communications Code was introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The BAI is required to review the effect...

The Advertising Standards Authority of Ireland (ASAI) has rejected a number of complaints over a television car advert by Opel Ireland that was considered by complainants to be “offensive and sexist towards women”. The advertisement features a couple travelling in a car with the woman driving. The couple stop at a pedestrian crossing and the woman turns to her male passenger and poses the question “Do you wanna feel? It’s nice and warm”. The male passenger appears perplexed and replies “okay”, and reaches over to touch the woman’s breast. The female driver subsequently takes the man’s hand and...

In two decisions delivered on 13 July 2016, the Conseil d’Etat (France’s highest administrative tribunal) rejected the appeals brought against decisions made by the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) in December 2015. The decisions authorised the channel LCI to switch to freeview DTTV and refused the request from Paris Première to do so. Article 42-3 of the Act of 30 September 1986, amended by the Act of 15 November 2013, allows the CSA the possibility, under certain conditions, of authorising a pay DTTV channel to switch to freeview, waiving the...

In its decision of 16 June 2016, on a final appeal on points of law in a dispute between Haribo and the media agency Mediaplus (Case III ZR 282/14), the Bundesgerichtshof (Federal Court of Justice - BGH) set aside the judgment of the Oberlandesgericht München (Munich Higher Regional Court - OLG München) of 23 August 2014 (Case 7 U 4376/13). OLG München had previously ruled that there was no obligation to disclose information and accordingly held that Mediaplus was entitled to the bulk advertising discounts and referred the case back to the appeals court for retrial and a new decision. In a multistage...