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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...

IRIS 2014-7:1/18 [FR] On-demand audiovisual media services: public consultation on revision of regulations

The process of revising the Decree on On-Demand Audiovisual Media Services of 12 March 2010 (see IRIS 2011-1/26) continues. Following on from the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) submitting a report to the Government in November 2013 in which it made a number of proposals for amending the text (see IRIS 2014-2/20), the Minister for Culture and Communication embarked on a public consultation at the beginning of June with a view to obtaining comments from the stakeholders concerned. The aim is to determine what the follow-up should be to the recommendations...

IRIS 2014-7:1/12 [DE] vzbv complains about unlawful streaming service T&Cs

According to an inspection of 14 video and music streaming services by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv), a total of 130 of the general terms and conditions used by the service providers were unlawful because they put consumers at an unreasonable disadvantage. The vzbv has announced that it has so far cautioned 20 operators including Napster, Watchever, Spotify, Simfy and Amazon. As well as clauses restricting users’ warranty rights or operators’ liability, the vzbv questioned the operators’ right to block or withdraw their services at...

IRIS 2014-7:1/11 [DE] Rhineland-Palatinate Administrative Appeal Court complains about SAT.1 inserts

In a ruling of 29 April 2014, the Oberverwaltungsgericht Rheinland-Pfalz (Rhineland-Palatinate Administrative Appeal Court - OVG) decided that an insert used to introduce a commercial break infringed rules on the separation of TV programmes and advertisements because it contained a programme announcement. During a break between two early evening programmes, TV broadcaster SAT.1 had broadcast inserts that included the word “Werbung” (advertising). The inserts also contained programme announcements for a boxing match and the programme “The Voice of Germany”. The Landeszentrale für Medien und Kommunikation...