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IRIS 2014-10:1/8 [DE] BGH confirms advertising ban for online game “Runes of Magic”

According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 18 September 2014, which has not yet been published in full (case no. I ZR 34/12), decided that an advertisement for video game accessories, written in language likely to appeal to children, represented an unlawful exhortation to children to purchase and therefore infringed Article 3(3) of the Act against unfair competition (Gesetz gegen den unlauteren Wettbewerb - UWG). This ruling is also relevant to the audiovisual media sector, firstly because video games and their advertisement represent audiovisual...

IRIS 2014-9:1/29 [SI] Pro Plus abused its dominant position in the television advertising market

On 24 April 2013, the Agency for Protection of Competition (AVK) issued a decision, which found that the local company Pro Plus has abused its dominant position in the television advertising market on the territory of the Republic of Slovenia (and in the internal market). Since 1 January 2003, Pro Plus, which owns two commercial TV channels (Pop TV and Kanal A), required exclusivity from the advertisers (100% market share of advertising) or offered more favourable conditions for the loyalty of the advertisers discouraging them to advertise on other competitive TV channels, which restricted the...

IRIS 2014-9:1/28 [RS] New media legislation adopted in Serbia

On 2 August 2014, three new media acts, namely the Act on Public Information and Media, the Act on Electronic Media, and the Act on Public Service Media were adopted by the National Assembly of the Republic of Serbia and published in the Official Gazette No. 83/2014. The adoption of these acts was one of the main goals set in the Media Strategy, which the Government adopted in September 2011 and follows the stakeholder consultations and public debates that were held in 2013. Superseding a more than a decade old legislation, the new acts are introducing significant changes to the legal framework,...

IRIS 2014-9:1/15 [DE] KJM presents broadcasting and telemedia cases from first half of 2014

On 18 August 2014, the Kommission für Jugendmedienschutz (Committee for Youth Protection in the Media – KJM) published a press release, in which it presented the cases it had examined during the first half of 2014 following alleged breaches of the Staatsvertrag über den Schutz der Menschenwürde und den Jugendschutz in Rundfunk und Telemedien (Inter-State Agreement on the Protection of Human Dignity and Minors in Broadcasting and Telemedia – JMStV). In order to monitor the broadcasting sector, the KJM relies on the staff of the Land media authorities, which evaluate possible breaches of the JMStV...

IRIS 2014-9:1/14 [DE] Federal Administrative Court rules that “Hasseröder Männercamp” did not breach advertising rules

In a ruling of 23 July 2014 (case no. 6 C 31.13), which has not yet been published, the Bundesverwaltungsgericht (Federal Administrative Court – BVerwG) decided that the depiction of a brand of beer before and after the live broadcast of a football match on the SAT.1 television channel did not constitute unlawful product placement for the purposes of Article 7(7)(3) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement – RStV). During the broadcast of a football match, in which the use of product placement had been mentioned, the TV broadcaster SAT.1 had twice switched to the so-called...