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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...

IRIS 2014-9:1/9 [BE] Flemish Media Regulator fines broadcasters for infringements of commercial communication provisions

On 2 September 2014, the Flemish Media Regulator (Vlaamse Regulator voor de Media) published three decisions in which it found that two broadcasters had violated the provisions in the Flemish Media Decree that prescribe the conditions under which teleshopping, sponsoring, and advertorials may be broadcasted. The first decision (2014/036) concerned a teleshopping programme, Jim Request Live, which was interrupted five times after less than 15 minutes. Article 82, § 1, 3° of the Flemish Media Decree, however, states that teleshopping programmes must last for at least 15 minutes before being interrupted....

IRIS 2014-9:1/7 European Commission: Summary of responses to Green Paper on ‘fully converged audiovisual world’ published

On 12 September 2014 the European Commission published its Feedback Paper on the public consultation responses it received following the release of its Green Paper on ‘Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values in 2013 (see IRIS 2013-6/5). The purpose of the Green Paper had been to initiate a public discussion on the implications of the rapidly transforming audiovisual landscape, and in particular media convergence (i.e. the progressive merger of traditional broadcast services and the internet). The Commission opened its public consultation on the Green Paper...

IRIS 2014-8:1/34 [RU] Advertising law changes to affect pay TV

On 21 July 2014 President Putin of the Russian Federation signed into law several federal statutes that amend certain important regulations of TV advertising. The Federal Statute “On amendments to Article 14 of the Federal Statute On Advertising” was passed by the State Duma on 4 July 2014. It prohibits commercials on encoded and/or pay television channels if these channels do not hold a terrestrial broadcasting licence or are not on the list of must-carry programmes (see IRIS 2013-6/31). The ban enters into force on 1 January 2015. The justification of the amendments was the need to stop unfair...

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...