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On 13 April 2016, Ofcom, the UK communications regulator, issued a Statement concerning e-cigarettes. It specifies amendments which Ofcom is making to the Broadcast Code and also the amendments which it has instructed the Broadcast Committee of Advertising Practice to make to the BCAP Code: the UK Code of Broadcast Advertising. BCAP had introduced rules on the marketing of e-cigarettes in 2014 (see IRIS 2015-1/23). The changes were ordered by the UK Secretary for Health under section 321(6) of the Communications Act 2003. The amendments arise from the UK’s implementation of the EU Tobacco Products...

The 7th Chamber of the Verwaltungsgericht Hannover (Hanover Administrative Court) in a judgment of 18 February 2016 (Case 7 A 13293/15) has held that if a chocolate biscuit is too highly praised in a TV show, this constitutes prohibited product placement. In a controversial scene lasting about ninety seconds in the RTL show “Ich bin ein Star - Holt mich hier raus” (Dschungelcamp) (I'm A Celebrity - Get Me Out Of Here [Jungle Camp]), the show’s participants were given a metal box with a big packet of “Pick Up” chocolate biscuits manufactured by food manufacturer, Bahlsen. The participants opened...

According to media reports, in a judgment of 1 December 2015 (Case U 74/15) the Kammergericht Berlin (Berlin Higher Regional Court) ruled in appellate proceedings that advertising for virtual products in an online role-playing game should not necessarily be regarded as a direct invitation to children to buy the items. There was, the Court said, no breach of competition law as the advertising messages in the game were not aimed specifically at minors but at all players. The Court had to rule on a complaint from the Verbraucherzentrale Bundesverband (Federation of German Consumer Organisations) concerning...

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...