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IRIS 2013-8:1/35 [SK] Supreme Court Rules on Differentiation Between Sponsorship Announcements and Advertising

On 29 May 2013, the Supreme Court (“Court”) confirmed the decision of the Council for Broadcasting and Retransmission of the Slovak Republic (“Council”) imposing a fine of EUR 3,319 on a major Slovak commercial TV broadcaster for exceeding the advertising time limit of 12 minutes per broadcasting hour. With its confirmed decision, and with other ones, the Council stated that the only criterion for the qualification of a spot as either sponsorship announcement or advertising is its purpose. If the spot contains promotional messages referring to the sponsor of the programme or his goods and services...

IRIS 2013-8:1/29 [RO] New Act on Misleading and Comparative Advertising

Act no. 202/2013 (The Act) for the modification and completion of Act no. 158/2008 regarding misleading and comparative advertising came into force on 6 July 2013. The Act had been adopted on 29 September 2012 by the Romanian Senate (upper chamber of the Parliament) and on 5 June 2013 by the Chamber of Deputies. It was published in the Official Journal of Romania no. 399 of 3 July 2013, Part I. The modified and completed law complies with Directive 2006/114/EC concerning misleading and comparative advertising. The Act intends to assure the legislative coherence, to establish the competent authorities...

IRIS 2013-8:1/27 [IE] New Broadcasting Guidelines on Referenda Coverage

On 8 August 2013, the Broadcasting Authority of Ireland (BAI) published BAI Guidelines in Respect of Coverage of Referenda (Guidelines). The Guidelines set out rules with which all Irish broadcasters must comply when covering the forthcoming referenda, on the abolition of Seanad Éireann (upper house of Parliament) and the creation of a new court of appeal. Both referenda are scheduled to take place on 4 October 2013. Rule 27 of the BAI Code of Fairness, Objectivity and Impartiality in News and Current Affairs provides that broadcasters must comply with Guidelines and codes of practice on election...

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...