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On 25 February 2016, the National Audiovisual Council (Consiliul Naţional al Audiovizualului, CNA) issued Recommendation no. 2/2016 with regard to the correct use of the Romanian language in commercial communications aired by audiovisual media service providers (see IRIS 2011-1/37, IRIS 2012-3:1/31, and IRIS 2014-1/40). The Recommendation was triggered by more ads aired between November and December 2015 and is based on Article 6 paragraphs 1) to 5) and Article 17 paragraph 1) d) 2) of Audiovisual Law no. 504/2002, republished. These articles of the Audiovisual Law entail the powers of the CNA...

At its sitting on 27 January 2016, the Landtag (parliament) of North Rhine-Westphalia passed a new law providing for changes for the public service broadcaster Westdeutscher Rundfunk (WDR). The law provides a new overall plan to strengthen the public service broadcasting system and safeguard the diversity of media reporting. The law defines the remit of WDR and lays down its institutional structure. For example, the broadcaster is given a clear mandate for the organisation of information and communication services (Telemedien) and Internet content, with the aim of ensuring its future in the digital...

The Oberlandesgericht München (Munich Regional Court) held, in a judgment of 28 January 2016 (Case 29 U 2798/15), that the online video portal YouTube cannot be held liable for breaches of copyright committed via the platform. The case comprised an action for damages brought against YouTube by the music performing rights society GEMA. For many years, GEMA has been demanding licence fees from YouTube for the use of music in the videos on its platform. YouTube refuses to pay, which GEMA considers unreasonable, especially in view of the advertising revenues generated by YouTube. It claims that YouTube...

On 8 February 2016, the Supreme Administrative Court of the Republic of Bulgaria dismissed the action brought by the retailer Lidl Bulgaria EOOD and Co. against the decision of the Commission on Protection of Competition (the Commission) and confirmed the decision of the lower court. The Commission had imposed on Lidl a fine of 0.1% of its revenues for 2012, or 370,859 leva (approx. EUR 189,620), for a misleading advertising campaign employing the slogan “The best from Bulgaria. The best from Europe”. The campaign involved outdoor, print, and TV advertising. In the TV commercial, a young woman...

On 17 February 2016, the Court of Justice of the European Union (CJEU) rendered its judgment (C-314/14) on television advertising. The ruling sheds light on the proper interpretation of the Audiovisual Media Services Directive (2010/13/EU; AVMSD). The preceding television directive from 1989 as amended in 1997 and 2007 was implemented by the Finnish Act on Television and Radio Operations (744/1998; TV and Radio Act) and amendments thereto. Subsequently, the provisions at issue of the TV and Radio Act have been codified in the Information Society Code (917/2014; ISC) (with minor amendments) which...