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IRIS 2013-10:1/11 [BG] Reports on the Activity of the Council for Electronic Media in 2012

On 12 September 2013, the National Assembly adopted two decisions for information purposes regarding two reports of the Council for Electronic Media (CEM), which cover the period from 1 January 2012 to 30 June 2012 and the period from 1 July 2012 to 31 December 2012 respectively. The CEM is obliged under the provisions of Article 86(1) of the Constitution of the Republic of Bulgaria and Article 39(1) of the Radio and Television Act to submit to the National Assembly a report on its activity for the first half of each current year not later than 31 October in the same year and for the second half...

IRIS 2013-10:1/10 [BA] Regulatory Agency Proposes Limitation of Advertising in Public Service Broadcasting

The Regulatorna agencija za komunikacije (Communications Regulatory Agency) published a draft Codex Amending the Codex on Commercial Communications (Official Gazette of BiH, No. 98/11 and 94/12) in the summer of 2013. According to Article 1 of the draft, Article 21 of the Codex should be changed and should read as follows: - “Advertising spots and teleshopping for public radio and television services will last maximally four minutes per one hour in television programmes and maximally six minutes per hour in radio programmes.” According to Article 2 of the draft, the amended Codex shall enter into...

IRIS 2013-10:1/9 [AT] Federal Communications Board on Labelling of Split-Screen Advertising

In a decision of 23 July 2013, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS) clarified the requirements for the proper labelling of split-screen advertising on television. In the case at hand, the television broadcaster PULS 4 had broadcast two split-screen advertising spots that were spatially separated from the programme material (in this case: written programme announcements), with the word “Werbung” (advertising) appearing directly next to the broadcaster’s logo in the top left-hand corner of the screen. The regulatory body, KommAustria, had considered this to...

IRIS 2013-10:1/5 General Court: Funding for France Télévisions Validated

On 16 October 2013, the General Court of the European Union validated the funding mechanism for France Télévisions set up by 2009 legislation reforming the public-sector audiovisual scene to compensate for the abolition of advertising on the public-sector group’s channels after 8 pm. The compensation took the form of an annual budget subsidy and two taxes, one on advertising spots, and the other on electronic communications. In a decision on 20 July 2010, the European Commission found that the State aid in the form of a budget subsidy for France Télévisions was compatible with the requirements...

IRIS 2013-9:1/24 [US] FTC Updates Guidance for Distinction of Paid from Natural Search Results

On 24 June 2013, the consumer protection staff of the Federal Trade Commission (“FTC”) updated guidelines, which it established for search engine companies (“Companies”) to ensure that consumers can easily distinguish paid search results from natural search results. The FTC issued its initial guidelines in 2002 in order to explain that “failing to clearly and prominently distinguish advertising from natural search results could be a deceptive practice” in violation of Section 5 of the Federal Trade Commission Act, which defines a deceptive act as “a material practice that misleads a significant...