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IRIS 2016-7:1/26 [RS] New Advertising Law in effect as of 6 May 2016

The new Advertising Act (”Official Gazette of RS“, No. 6/2016), which was adopted by the Serbian Parliament on 26 January 2016, became effective as of 6 May 2016. The new law supersedes the former Advertising Act, which has been in force since 2005 (“Official Gazette of RS“, No. 79/2005). According to the statements made by the representatives of the Serbian Ministry of Trade, Tourism and Telecommunications, the new law aims to harmonise with the relevant European legislation, as well as to establish a legal framework that would be able to withstand technological challenges. The new law is applicable...

IRIS 2016-7:1/14 [DE] ZAK reaches decision on breaches of advertising rules

At its meeting in Halle on 26 April 2016, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) of the Landesmedienanstalten (Regional Media Authorities) reached a decision on breaches of advertising rules. It criticised three cases of unlawful product placement and two involving the inadequate separation of advertising and programming content. The three cases of unlawful product placement it criticised were in the TV show “Germany’s Next Topmodel” on the ProSieben channel operated by ProSiebenSat.1 TV Deutschland GmbH. In the media watchdogs’ opinion, the focus...

IRIS 2016-7:1/11 [CZ] Amendment to the Audiovisual Law

On 5 May 2016, the Parliament of the Czech Republic adopted Act no. 139/2016 Coll., amending Act no. 496/2012 Coll., On audiovisual works and promotion of cinematography, and amending some other laws (the Audiovisual Act). The aim of this amendment is to secure sufficient funding to support cinematography. This should enable the long-term planning and predictable funding of the State Fund of Cinematography, so that it can create a long-term strategy of supporting the cinema. The State Cinematography Fund was established on 1 January 2013, pursuant to the Audiovisual Act. The Act defines the purpose...

IRIS 2016-7:1/8 [BE] Self-regulatory bodies for journalism and advertising ethics report on their functioning

Two self-regulatory bodies, the Raad voor de Journalistiek (Flemish Council for Journalism) and the Jury voor Ethische Praktijken inzake reclame (Belgian Jury for Ethical Practices in Advertising) have reported on their 2015 activities and functioning. The Flemish Council for Journalism opened 49 new files; 48 based on complaints (a 22% decrese from 2014), and one based on a request for advice. 23 complaints concerned daily newspapers, seven were aimed at weekly papers and magazines, seven involved television, two radio, and 19 complaints also related to websites. The latter is an increase from...

IRIS 2016-6:1/16 [IE] Advertising Standards Authority upholds complaints over Toyota commercial

The Advertising Standards Authority for Ireland (ASAI) has upheld complaints in relation to television and radio advertising for Toyota Ireland (Toyota). The complaints centred on the question of “compatibility” of the “common claim” in the adverts to the effect that Toyota were “The Best Built Cars in the World” with the “widely publicised recalls” of Toyota cars. The complaints were considered under various sections of the ASAI Code 2016 (see IRIS 2016-5/21), including sections dealing with “Honesty” and “Truthfulness”. Section 2.22 of the Code states that “Advertisers should not exploit the...