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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...

On 23 September 2016, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA) published a study on the place of digital platforms in access to audiovisual content, their economic model, and the stakes for the sector. ‘Digital platforms’ refers to the social networks, video-share websites, app stores and search engines which offer new services that challenge the value chain and the usual legal categories of the audiovisual sector. The CSA study is based mainly on a series of hearings of stakeholders in the audiovisual, digital and advertising sectors and...

In a decision issued on 21 September 2016, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) ordered the company TF1 to comply with the ban on cross-promotion included in the agreement, which is concluded with the CSA on 8 October 2001 by virtue of a codicil agreed on 17 February 2016. If TF1 fails to comply forthwith, the CSA has indicated that a sanction procedure may be instigated. Under Article 3-1 of the Act of 30 September 1986, the CSA “ensures equality of treatment (...) and makes every effort to promote unrestricted competition (...).” In December...

The United States Federal Trade Commission (FTC) announced on 11 July 2016 that it had reached a settlement with Warner Brothers Entertainment (“Warner Brothers”) to resolve allegations that it deceived consumers during a marketing campaign for a video game. The FTC’s complaint stems from an online marketing campaign that Warner Brothers undertook in 2014 to generate publicity within the gaming community for the new release of Middle Earth: Shadow of Mordor, a fantasy role-playing game. Warner Brothers paid “influencers” tens to hundreds of thousands of dollars and told them how to promote the...

On 19 July 2016, the Ministry of Economy and Finance (Ministero dell’Economia e delle Finanze) issued a decree to identify the “specialised media” to which the general prohibition of gaming advertising on television and radio broadcasts between 7 a.m. and 10 p.m. does not apply. The Decree has been published in the Official Journal on 8 August 2016. Restrictions on gaming advertising were introduced by Legislative Decree no. 158 of 13 September 2012 (“Decreto Balduzzi”). In addition, Section 1, paragraph 939 of Law no. 208 of 28 December 2015 sets forth the prohibition on “generalist radio and...