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IRIS 2015-5:1/39 [DE] Calling somebody "du" (the familiar form of address) in advertising for online roll-up games is not a prohibited children's advertising

Not every "du" (the familiar form of address) in an online roll-up game is automatically an anti-competitive advertising. Rather, the average age of the targeted group is important that is to be addressed with the respective advertising within an online game. The District Court of Berlin (Landgericht) found this with a judgment of 21 April 2015 (Az .: 16 O 648/13). The Federation of German Consumer Organisations (vzbv) had filed a complaint. The lawsuit of the consumer protectionists was directed against the operator of an online role playing game. The company had promoted virtual game supplements,...

IRIS 2015-5:1/35 [SK] Promotion of referendum answers do not qualify as political advertising

The Council for Broadcasting and Retransmission (hereinafter “Council”) on 24 February 2015 dismissed a complaint about at story aired in the prime time news programme of the Slovak public service broadcaster. The story covered a meeting of the national committee of the Christian democratic movement “KDH”, a well-established conservative political party in Slovakia. The claimant complained about the fact that at the end of the story the spokeswoman of the political movement invited people to attend the upcoming national referendum and to vote yes to all three questions. Although the Council investigated...

IRIS 2015-5:1/29 [NL] New Dutch Cookie Act comes into effect

On 11 of March 2015, the new Cookie Act came into effect in the Netherlands, amending Article 11.7a of the Dutch Telecommunications act (Telecommunicatiewet) (see IRIS 2014-10/28 and IRIS 2012-7/32). The act governs access to and storage of information on a terminal of an end-user via an electronic communications network. The new Cookie Act has interesting implications for the consent requirement regarding certain types of cookies that can be deemed non-privacy invasive. The previous law already exempted functional cookies, which are technically indispensable in order to provide a requested service...

IRIS 2015-5:1/28 [NL] Dutch Media Authority imposes a EUR 150 000 fine on public service broadcaster

The Dutch Media Authority (Commissariaat voor de Media - CvdM), imposed a EUR 150 000 fine on NTR, an independent Dutch public service broadcaster. Each year, on the evening of 5 December, Dutch families celebrate the birthday of Saint Nicholas (Sinterklaas) with the giving of gifts. And each year, in the weeks before the festive evening, NTR airs a daily fictional news show called “Het Sinterklaasjournaal.” The show is meant for children under the age of twelve. In 2013, the broadcaster also produced and distributed wrapping paper with a Sinterklaas theme. According to the Media Authority, NTR...

IRIS 2015-5:1/24 [MD] Sanctions against Russian broadcasts

On 7 October 2014, the broadcast regulator of Moldova, the Council for Coordination on Audiovisual (CCA), following a complaint on the failure to observe the principles of political balance, impartiality and objectivity in newscasts of Russian origin, issued a decision which sanctioned several Moldovan companies that re-broadcast Russian TV newscasts and other programmes. In particular, “Teleproiect, SRL” was found to be an offender in relation to its functions as an affiliate of “REN-Moldova TV”, re-transmitting in Moldova broadcasts of Moscow’s REN-TV, as well as its own programming and commercials. The...