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IRIS 2015-2:1/10 [DE] OLG Frankfurt am Main decides that “Immer Netz … hat der Netzer” slogan is not misleading

In a ruling of 25 September 2014 (case no. 6 U 111/14), the Oberlandesgericht Frankfurt am Main (Frankfurt am Main Court of Appeal - OLG) decided that the advertising slogan for a mobile phone tariff, “Immer Netz ... hat der Netzer” (the network never fails the networker), was not a misleading statement for the purposes of Article 5(1)(1) of the Gesetz gegen unlauteren Wettbewerb (Act against Unfair Competition - UWG) concerning the essential characteristics of a service. The defendant, a telecommunications company, had advertised its service as follows: “Immer Fisch hat … der Fischer. Immer Glas...

IRIS 2015-1:1/31 [NL] Broadcasting Regulator Imposes a EUR 160,000 Penalty on Disney for Exceeding the Maximum Advertising Time

On 18 November 2014, the Commissariaat voor de Media (Dutch Media Authority - CvdM) imposed a EUR 160,000 penalty on TV10 B.V (Disney) for exceeding the maximum advertising time on the commercial broadcasting channel Disney XD. The maximum time for broadcasting commercials or teleshopping programmes on television is 12 minutes per hour, according to Article 3.8 of the Dutch Media Law (Mediawet 2008). Disney repeatedly exceeded this time by up to 15 minutes and 59 seconds of advertising during the months of November and December 2013. Disney admitted exceeding the time, but claimed that the violations...

IRIS 2015-1:1/29 [MT] Consultation Document on the Broadcasting Code for the Protection of Minors

The Broadcasting Authority has published a Consultation Document to amend the Broadcasting Code for the Protection of Minors. The Code, in its current format, has the defect of concentrating mainly on the protection of minors from the viewpoint of advertising, while barely dealing with other aspects of protection of minors in the broadcasting sector (see IRIS 2010-7/29). The current Code also doesn’t address the participation of minors in various programmes. As the remit of the Code is being extended, the Broadcasting Authority in its Consultation Document is proposing to alter the title of the...

IRIS 2015-1:1/28 [MK] Amendments to the Act on Public Procurement

The latest amendments to the Act on Public Procurement (Законот за јавни набавки), which are, at the end of the year 2014, in second reading before Parliament, allow the state and public institutions to advertise in the media without the possibility of a public bidding for the benefit of competitors in the media and advertising markets. The amendments to Article 2 of the Act on Public Procurement widens the existing exceptions of public procurement for the so-called “political advertising areas”, allowing the government, as well as other state and public institutions and agencies, to use public...

IRIS 2015-1:1/26 [LT] Lithuania Bans Advertising in LRT Programmes

On 1 January 2015, the Act amending the Act on the Lithuanian National Radio and Television (public service broadcaster LRT) came into force. This amendment was adopted by the LR Seimas (the Lithuanian Parliament) on 23 December 2013. The amended act stipulates that advertising is prohibited on all the LRT programmes, except in cases when LRT is obliged to broadcast commercial communication as a part of a contractual obligation concerning the acquisition or marketing of rights for broadcasting international events. In addition, under the amendments to be soon enforced, LRT radio and television...