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IRIS 2015-8:1/24 [LU] Regulator imposes warning on RTL for breach of commercial communication rules

On 1 July 2015, the Independent Audiovisual Authority of Luxembourg (Autorité luxembourgeoise indépendante de l’audiovisuel, ALIA) issued a decision concerning a radio programme transmitted in Luxembourg. The complaint was initiated by ALIA’s Director and brought to the Board of Directors as the result of a self-referral procedure, provided for by Article 35sexies (3) of the Luxembourgish Law on Electronic Media (Loi des medias électroniques - LEM) (see IRIS 2011-2/31), which sets out that ALIA can on its own initiative investigate an alleged breach by any provider of an audio and audiovisual media...

IRIS 2015-8:1/13 [ES] CNMC extends conditions for Antena 3 and La Sexta merger

The National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia, CNMC) has extended for two years the conditions by which the merger agreement between Antena 3 and La Sexta was authorised by the Council of Ministers on 24 August 2012 (see IRIS 2012-8/21). The merger of the two broadcasters was authorised for an initial term of three years, subject to compliance with certain conditions relating to television advertising, the acquisition of audiovisual content and periodic benefit obligations of information, and free TV. After this period, the CNMC would assess...

IRIS 2015-8:1/12 [ES] New qualification criteria for audiovisual content

On 6 July 2015, the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC) adopted new guiding criteria for rating audiovisual content. These criteria apply both to providers of linear and non-linear audiovisual media and regardless of the transmission medium used (IPTV, online television, websites, mobile applications, etc.). The guiding criteria apply to the following age categories: "Especially recommended for children", "Suitable for all ages", "Not recommended for children under 7 years", "Not recommended for children under 12 years", "Not...

IRIS 2015-8:1/11 [DE] Repeated appearance of logo constitutes surreptitious advertising

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...

IRIS 2015-8:1/5 [BG] Opinion of the Media Authority on direct and naturalistic suggestions in TV advertising

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...