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IRIS 2015-6:1/35 [SK] The Slovak Advertising Standards Council accepts comparative advertising

On 16 April 2015, the Slovak Advertising Standards Council (SASC) ruled that TV advertisements of the company “Unilever Slovensko” that compared its products (“Rexona” deodorants) to the products of its main competition (“Nivea” deodorants) does not violate the provisions of the Code of Advertising Practise. The advertisements presented men and women during various physically challenging activities, while emphasising the special characteristic of the promoted product - the prevention of the yellow spots which originate from usage of a deodorant on white clothing. The advertisements claimed in a...

IRIS 2015-6:1/7 [BE] Five broadcasters warned for non-compliance with rules on commercial communication on sugary confectionery

In February and March 2015, the Flemish Media Regulator issued five decisions with regard to infringements of Article 69 of the Flemish Media Decree. This article requires that commercial communication for sugary confectionary shows an image of a toothbrush in a clear and contrasting manner during the full length of the commercial message, at one tenth of the height of the television picture. This requirement is not imposed by the Audiovisual Media Services Directive, but is a stricter provision adopted by the Flemish legislator. Following the monitoring of several commercial television broadcasting...

IRIS 2015-6:1/6 [BE] Decisions regarding infringements of sponsoring provisions

During the past months the Flemish Media Regulator has closely supervised compliance with the requirements regarding the broadcasting of sponsoring messages laid down in Articles 90-97 of the Flemish Media Decree. In a series of decisions published at the end of March 2015, the Regulator imposed a fine of EUR 1500 on four regional broadcasters (TV Limburg, Focus TV, ATV, WTV) for infringing Article 96, paragraph 1, which states that newscasts and political information programmes cannot be sponsored. In all cases, the newscasts were accompanied by a message mentioning the clothing sponsor of the...

IRIS 2015-6:1/3 European Commission: The Digital Single Market Strategy for Europe

On 6 May 2015, the new European Commission published its Digital Single Market Strategy for Europe. Following the pre-election political guidelines of the President of the Commission Jean-Claude Juncker, the Strategy refers to the Digital Single Market - a free movement of goods, persons, services and capital in the online environment - as one of the Commission’s key priorities. The Strategy elaborates on 16 high priority interdependent actions, outlined in the Annex, to be completed by the Commission in 2015-2016. These actions build on three pillars: (1) better access for consumers and businesses...

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,...