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On 27 January 2014 the Audiovisual Media Authority (AMA) approved the Broadcasting Code for audiovisual media operators. According to the regulator, the Code is meant “as a step to further complete the legal and sublegal framework for the monitoring and controlling of radio and television stations’ activity.” The Broadcasting Code further specifies the guiding principles regarding content of audiovisual media laid out in the Act on Audiovisual Media No. 97/2013 approved in March 2013 (see IRIS 2013-8/9). More specifically, the Code tackles in detail the guiding content-related principles for audiovisual...

The Закон за филмска дејност (Act on Film Activities - LFA) entered into force on 1 January 2014. It aims to support and intensify the film activities in the country and to create positive conditions for further development of the film infrastructure. The Agency for Film will be the main State body, which will directly support the film activities and will work in accordance with a four-year Strategy for Development of Film Activities in the Republic of Macedonia. The Head of the Agency as well as the members of the Managing Board will be directly appointed by the national Government. The Agency...

The Comisión Nacional de los Mercados y la Competencia (national commission for markets and competition - CNMC) was created by Act No. 3/2013, which was adopted on 4 June 2013. The commission combines functions involving the smooth running of the markets and sectors which until now have been controlled by various authorities with responsibility for the sectors of energy, the telecoms market, competition, the railways, the postal sector, airports, and the audiovisual media. These attributions have earned it the nickname of "super-regulato"r (superregulador). The Council of the CNMC is its decision-making...

Ruling on an appeal, on 5 November 2013 (case no. 15 U 44/13), the Oberlandesgericht Köln (Cologne Appeal Court - OLG) decided that an actress’s own image rights can be breached if a picture from a film is used in an electrical chain store’s advertising brochure without the necessary permission. The OLG therefore confirmed the ruling of the Landgericht Köln (Cologne District Court - LG) of 20 February 2013 (case no. 28 O 431/12). An action had been brought after a picture of the actress appeared in an electrical chain store’s advertising brochure. A double-page spread in the brochure showed three...

Swiss public service broadcaster Schweizerische Radio- und Fernsehgesellschaft (SRG) must broadcast television advertising spots that criticise SRG after the Bundesgericht (Federal Court) upheld a complaint by the Verein gegen Tierfabriken (VgT) that the broadcaster had refused to show such a spot. In 2011, SRG subsidiary publisuisse SA had only authorised the first version of a spot produced by the VgT. It lasted seven seconds and showed the organisation’s logo and Internet address, along with the text “www.VgT.ch - was andere Medien totschweigen” (“www.VgT.ch - hushed up by other media”), which...