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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)...

IRIS 2014-7:1/32 [RO] Modification of the Cinematography Emergency Decree rejected

The Chamber of Deputies (lower Chamber of the Romanian Parliament) on 3 June 2014 rejected the Draft Law on the modification of the Ordonanţa Guvernului nr. 39/2005 privind cinematografia (Government Emergency Decree no. 39/2005 with regard to the cinematography). The decision of the Chamber of Deputies is final. The Draft Law had been rejected by the upper Chamber, the Senate, on 6 November 2013 (see IRIS 2003-2/23).   According to the rejected Draft Law, the public television, Societatea Română de televiziune - TVR, would have paid only 4% of its advertising revenues to the Cinematography Fund...

IRIS 2014-7:1/23 [GB] Regulator issues new guidance on commercial references in programming and product placement

Ofcom, the UK communications regulator, has issued new guidance on commercial references and programming on 2 June 2014. This supplements existing provisions in the Ofcom Broadcasting Code (section 9) which aim to secure editorial independence in programming, to ensure that there is a distinction between editorial content and advertising, to prevent surreptitious advertising, to protect consumers and to prevent unsuitable sponsorship. The new guidance advises that a programme about a product or service, such as a holiday destination or a high-street retailer, is likely to test the distinction between...