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On 26 February 2015, the Council of Electronic Media published on its website a penalty statement for a violation of the Radio and Television Act. On 2 November 2014, on the "Nova TV" channel in the "Dikoff" programme were included marked blocks with commercial messages. The measurements of the audio signal, performed with the “TSL Pam Pico” system and certified by measurement protocols, show a difference between the volume of the broadcast commercial messages (advertising and self-promotions) and that of the rest of the programme. The measurement results show that the volume at the time of broadcasting...

Having established during its monitoring of Flemish television broadcasts that very short “bumpers” have been increasingly used to indicate advertising breaks, the Flemish Media Regulator issued an opinion on the implementation of the principle related to the distinction between editorial and commercial content. This principle is laid down in Article 79 of the Flemish Media Decree, which implements Article 19 of the Audiovisual Media Services Directive. According to Article 79, television advertising must be readily recognisable and distinguishable from editorial content. After consulting with...

In two cases related to humorous cigarette advertisements, the European Court of Human Rights found that there had been no reason for the domestic authorities to interfere with the freedom of commercial speech in order to protect the right of reputation and the right to their own names of two public persons referred to in the advertisements, without their consent. The European Court found, in particular, that the German Federal Court of Justice had struck a fair balance between freedom of expression (Article 10) and the right to privacy (Article 8). The first applicant, Dieter Bohlen, is a well-known...

On 3 March 2015, the Commissariaat voor de Media (Dutch Media Authority - CvdM) published its decision of 3 February 2015 with regards to the application of Netflix as a commercial on-demand audiovisual media service. In this decision, the Dutch Media Authority accepted Netflix’s application. The result is that Netflix is, from now on, supervised by the Dutch Media Authority in Europe and should adhere to the Dutch Media Act (Mediawet 2008). On 1 January 2015, Netflix International B.V. changed its place of establishment, switching from Luxembourg to the Netherlands. On 9 January 1015, Netflix...

On 11 March 2015, Minister for Culture and Communication Fleur Pellerin presented the Government’s strategy for combating piracy on the Internet to the Council of Ministers. Apart from the graduated response applied to illegal downloading implemented by France’s high authority for the distribution of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet - HADOPI), which remains in place, the action plan is also aimed at streaming sites and referencing, which benefit from pirated works. Three series of measures were...