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IRIS 2015-3:1/8 [DE] Federal Administrative Court permits regional advertising by national TV broadcaster

In a ruling of 17 December 2014 (case no. 6 C 32.13), the Bundeswaltungsgericht (Federal Administrative Court - BVerwG) decided that it was not a breach of broadcasting law for advertising spots to be transmitted on a regional basis on a national television channel. The decision followed an announcement by the provider of the "ProSieben" television channel that it intended to offer regional advertising spots to advertising customers for whom national TV advertising was unattractive. The lower-instance Verwaltungsgericht Berlin (Berlin Administrative Court - VG Berlin), in a decision of 26 September...

IRIS 2015-3:1/6 [BG] Legislative amendments for a transparent and competitive media landscape

On 23 January 2015, the Bulgarian Government adopted a programme for the stable development of the Republic of Bulgaria for the 2014-2018 period. One of the priorities as outlined under paragraph/section 18.1, which concerns the media landscape, is the: "[d]evelopment of a public landscape and legislation that guarantee media independence and pluralism as well as transparency and public disclosure of media ownership and media supervision". The Government's aim over the next four years is to adopt legislative amendments that will help "to achieve a transparent and competitive media landscape". The...

IRIS 2015-2:1/31 [SE] Swedish Authorities Want to Stop Alcohol Advertising and Sponsorship in UK Broadcasts

The Swedish Radio and Television Act (Radio- och TV-lagen), which has transposed the Audiovisual Media Services Directive 2010/13/EU (AVMS Directive) into Swedish law, includes a ban on the advertising of alcohol and on sponsorship by alcohol companies of television and radio broadcasts. Nevertheless, there are some television channels (TV3, TV6, TV 8, Kanal 5 and Kanal 9) that - even though they are more or less exclusively directed towards Swedish viewers - broadcast under UK licences and are subject to UK jurisdiction. UK law permits the activities described above. The AVMS Directive is based...

IRIS 2015-2:1/21 [GB] Ofcom Reviews PSB Performance and Releases Consultation Report about UK’s PSB Future

On 15 December 2014, the United Kingdom media regulator Ofcom published two reports. One, entitled Public Sector Broadcast Annual Report 2014 (the First Report), reviewed the UK Public Sector Broadcasters (PSBs) performance since 2008. The remits of PSB channels, such as ITV and Channel 4, are defined under section 265 of the Communications Act 2003; part 2 of Schedule 12 of the 2003 Act is the relevant part for the Welsh Channel S4C and the public purpose of the BBC (British Broadcasting Corporation) is described in the BBC Charter, due for renewal in 2016. The second Report, entitled Public Service...

IRIS 2015-2:1/20 [GB] ASA upholds complaint about Oreo biscuit ad in YouTube videos

In a decision of 26 November 2014 (case no. A14-275018), the British Advertising Standards Authority (ASA) found that labelling obligations for advertisements contained in YouTube videos had been breached and ordered the food manufacturer Mondelez UK Ltd to ensure that future ads in this medium made their commercial intent clear prior to consumer engagement. The case concerned so-called “Lick Race videos” on five YouTube channels owned by well-known private “vloggers”, which humorously portrayed a particular way of eating Oreo biscuits. Following a complaint from a journalist, the Mondelez company...