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In a recently published decision of 9 March 2015 (case no. 7 B 14/1605), the Bayerische Verwaltungsgerichtshof (Bavarian Administrative Court - BayVGH) ruled that the repeated appearance of a logo during a television programme constituted illegal surreptitious advertising. The case concerned the broadcast of the programme ‘Learn from the Pros’ by TV channel Sport1, in which professional poker players give tips and tricks for the card game. As well as a standard sponsor reference at the start of the programme, the logo of the provider Fulltiltpoker.net was visible in virtually every shot, including...

On 20 July 2015, the Council for Electronic Media (CEM) remembered its position of March 2014 against television advertising which relies on direct and naturalistic suggestions. At its regular meeting on 25 March 2015, the Council for Electronic Media discussed the psychological effects on the audience of television advertising of products intended to solve physiological and hygienic problems (like sanitary napkins, cleaning products, and antifungal, anti-cystitis, anti-prostatitis, anti-dandruff, anti-diarrhoea medicinal products, etc.) relying on direct and naturalistic suggestions. Discussions...

The Supreme Rada adopted on 14 May and the President of Ukraine Petro Poroshenko signed into force on 4 June amendments to the 1996 Law on Advertising (see IRIS 1997-1/20) and 2006 Law on Broadcasting (see IRIS 2006-5/34) that affect some foreign broadcasters. The amendments enter into force on 5 August 2015. The amendments introduce a total ban on commercials in TV programmes of foreign TV and radio entities that broadcast (rebroadcast) in Ukraine unless those entities are under jurisdiction of the states that are members of the EU or parties to the European Convention on Transfrontier Television...

In two decisions of 9 April 2015, the Spanish Comisión Nacional de los Mercados y la Competencia (National Commission for Markets and Competition - CNMC) imposed sanctions against Spanish media service providers for breaches of advertising regulations. The CNMC found that both Atresmedia (SNC/DTSA/1753/14/ATRESMEDIA) and Mediaset (SNC/DTSA/1748/14/MEDIASET) had harmed the integrity of programmes through the way they had interrupted them with advertising. Programmes of various genres had repeatedly been interrupted in the middle of scenes and conversations, sometimes even in the middle of sentences...

At its 103rd Plenary Session on 19-20 June 2015, the European Commission for Democracy through Law (Venice Commission) of the Council of Europe adopted its Opinion on Hungary’s media legislation, the so-called “media package”. The Commission had been asked to provide such an Opinion by the Parliamentary Assembly of the Council of Europe (PACE) in January 2015, in particular to identify provisions which pose a danger to the right to freedom of expression (see IRIS 2015-4/2). The 27-page Opinion discusses two particular laws which form part of the “media package”, namely Act CLXXXV of 2010 on Media...