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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...

The Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) ruled, in a judgment of 22 June 2016 (Case 6 C 9.15), that a broadcaster is in breach of the ban on surreptitious advertising if it fails to identify advertising content in one of its programmes when the purpose of the programme does not provide sufficient justification for this. The plaintiff, which operates the TV channel “Sport1”, aired the programme “Learn from the Pros”, originally produced for the American TV market, in which professional poker players provide tips for playing the game. The plaintiff had acquired the programme...

On 17 June 2016 the Federal Council published a much awaited report on the public-service electronic media. The report will be discussed in the Federal Parliament in the autumn, in a particularly tense political climate as the Swiss broadcasting company (Société Suisse de Radiodiffusion et Télévision - SSR) is being severely criticised regarding its funding and its mission as a public-service broadcaster. The report begins by analysing the evolution of the audiovisual public service and the offer and consumption of electronic media in Switzerland. It also presents the technological, economic, legal,...