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IRIS 2013-8:1/26 [IE] Review of Funding for Public Service Broadcasting Published

On 18 July 2013, the Broadcasting Authority of Ireland (BAI) published its review of funding for the public service broadcasters, RTÉ and TG4, for the next five year period. As part of the review, the BAI made recommendations relating to the future levels and use of public funding including the processes required to ensure funding is adequately and appropriately accounted for. The BAI is required under section 124(8) of the Broadcasting Act 2009 to carry out a review of the adequacy, or otherwise, of public funding to enable public service broadcasters to meet their public service objectives. Such...

IRIS 2013-8:1/14 [DE] BGH Bans Advertising Aimed at Children in Online Role-Playing Game

According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 17 July 2013 (case no. I ZR 34/12), upheld an action brought by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv) and prohibited the software firm Gameforge from advertising game accessories sold in connection with its online role-playing game “Runes of Magic”. The vzbv had already cautioned Gameforge in 2010 and had brought actions in the lower courts. However, these had been dismissed by both the Landgericht Berlin (Berlin District Court) and the Kammergericht...

IRIS 2013-8:1/9 [AL] New Legislation on Audiovisual Media in Albania

On 4 March 2013, the Albanian Parliament approved Law 97/2013 “On Audiovisual Media in the Republic of Albania” after several years of discussion and stagnation. This law aims to harmonise Albanian media legislation with the Audiovisual Media Services Directive (2010/13/EU - AVMSD) of the European Union and in order to respond to the realities of the audiovisual media sector. Both political wings reached consensus on the law, with the exception of the election procedure regarding the members of regulatory authorities. Among others, the law replaces the regulatory authority Këshilli Kombëtar i Radios...

IRIS 2013-8:1/7 Court of Justice of the European Union: Rules on Italy’s Stricter Hourly Advertising Limits for Pay-Tv Broadcasters

On 18 July 2013, the Second Chamber of the Court of Justice handed down its judgment in the Case C-234/12, Sky Italia v. AGCom. According to Italian law, pay-tv broadcasters are subject to a 14% hourly advertising limit and free to air broadcasters are subject to an 18% hourly advertising limit. In the proceedings before the Latium Administrative Court concerning a fine imposed on Sky Italia for the breach of the 14% threshold, the Court of Justice was requested to provide a preliminary ruling as to whether Directive 2010/13/EU (the Audiovisual Media Services Directive (AVMSD)) and EU primary law...

IRIS 2013-7:1/26 [SK] Violation of Ban on Political Advertising

On 21 May 2013, the Supreme Court’s (hereinafter “Court”) ruling of 25 April 2013 has been published, which confirmed the decision of the Council for Broadcasting and Retransmission of Slovak republic (hereinafter “Council”). The Council imposed a fine of EUR 100,000 on the major commercial broadcaster for broadcasting political advertising outside the official election campaign set by law (21 days before the election day). Three months prior to the election, the broadcaster aired, on a rather large scale, sponsorship announcements of the civic association “Citizen in action” (about 20 messages...