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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,...

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...

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...