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IRIS 2014-8:1/26 [HU] The new tax on the media and advertising sector

In summer 2014, the legislator in Hungary introduced a special tax. This special tax could significantly reshape the entire domestic media market. The advertising tax law, which entered into effect in mid-July, imposes a new levy on income from advertising. The range of subjects, who must pay this tax, is rather broadly defined. The new special tax has elicited protest by all market players. In addition to electronic, print and online press products, it also extends tax liability on outdoor and internet advertising. Pursuant to the legislative intent, the tax needs to be paid not only by companies...

IRIS 2014-8:1/25 [GB] Self-regulatory body issues reprimand for “Dungeon Keeper” freemium game ad

On 2 July 2014, the British advertising industry’s self-regulatory body, the Advertising Standards Authority (ASA), reprimanded the electronic game manufacturer Electronic Arts (EA) for an advertisement for its “Dungeon Keeper” game. The “Dungeon Keeper” game is a so-called Freemium game, i.e. the game is, in principle, free, but players can acquire equipment, credits and so on, via in-app purchases in order to progress further in the game. The ASA acknowledged that, in principle, it was possible to complete the game without spending money. However, it would take much longer and limit gameplay...

IRIS 2014-8:1/24 [GB] Ofcom determines when factual TV becomes promotional and gives undue prominence to a business’s service

In its decision of 28 July 2014, Ofcom, considered that ATN Bangla’s programme ‘Business Talk with Sufi’ had breached the Code of Conduct by using a factual current affairs programme for promotional purposes, as well giving undue prominence to the services of a restaurant being depicted in the programme without editorial justification for such detail. Pursuant to the Communications Act 2003, Ofcom has a statutory duty to set the standards for broadcast content for radio and TV, and this includes ensuring compliance with the Audiovisual Media Services (AVMS) Directive which sets out the EU standards...

IRIS 2014-8:1/22 [FR] CSA Refuses Authorisation For Three Digital TV Channels To Move From Pay-TV to Freeview

On 29 July 2014, at the end of a thorough investigation, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel – CSA) found that the conditions for authorising the move from digital pay-TV to freeview requested by three channels (LCI – Groupe TF1, Paris Première – Groupe M6) and Planète Plus (Groupe Canal Plus) were not met. The channels are suffering a serious drop in income, which is generated mainly by the fees received from distributors offering the channels to their subscribers (CanalSat, Numericable, etc). The Act of 15 November 2013 amended Article 42-3 of the Act of 30 September...

IRIS 2014-8:1/11 [BG] CEM report on the 2014 European Parliament elections

On 10 June 2014, the Council of Electronic Media (“CEM”) published its report on the 2014 European Parliament elections. The Election Code of Bulgaria for the first time requires the identification of both the free of charge political campaigning and the paid forms of political campaigning (Article 179 of the Election Code). The monitoring has demonstrated, as regards TV programmes, that there is a trend to distinguish in a clearer manner paid content from non-paid content. Part of the media service providers (Nova television, bTV, TV 7, Bulgaria on air, Eurocom Tsarevets, bTV Action, TV Plus)...