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The Grand Chamber of the European Court held, by nine votes to eight, that the UK’s ban on political advertising on television did not violate Article 10 of the Convention. The majority opinion in this controversial judgment reflects a somewhat particular approach compared to the Court’s previous case law on political advertising, such as in VgT Vereinigung gegen Tierfabriken v. Switzerland (see IRIS 2001-7/2 and IRIS 2009-10/2). Essentially the judgment in the case of Animal Defenders International v. UK accepts that a total ban on political advertising on television, characterized...

On 15 January 2013, the Council for Broadcasting and Retransmission of the Slovak Republic (“CBR”) imposed a fine of EUR 1,500 on the major commercial broadcaster for the failure to inform the public about the existence of product placement in its programme and for giving undue prominence to the product in question. The programme was a reality show taking place in a bar. Even though the bar was an operating business, it was built solely for the purpose of producing the reality show. The bar contained many products with commercial logos visible. Since this programme was under the exclusive editorial...

In accordance with Article 7.20 (1) of the Mediawet 2008 (Dutch Media Act), the Commissariaat voor de Media (Media Authority - CvdM) must report each year to the Minister of Education, Culture and Science on its intended enforcement policy. On 31 October 2012 the CvdM sent its enforcement letter 2013 to the Minister and made it public. In its letter to the Minister, the CvdM first emphasises the general principles in its enforcement strategy that are focused on stimulating the presence of a level playing field and effective and customised supervision measures for different media institutions. The...

At the beginning of March 2013, the Landesmedienanstalten (regional media authorities) published the revised version of the Gemeinsame Richtlinien für die Werbung, die Produktplatzierung, das Sponsoring und das Teleshopping im Fernsehen (Joint Guidelines on Advertising, Product Placement, Sponsorship and Teleshopping on Television), which came into force on 22 February 2013. Authorised to issue such guidelines under Article 46 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV), the media authorities have therefore put the advertising rules contained in the RStV in concrete...

On 1 February 2013, the Werberichtlinie (Advertising Directive - WerbeRL), designed to put the Staatsvertrag zum Glücksspielwesen in Deutschland (Inter-State Gambling Agreement - GlüStV) into concrete form, entered into force. It had been adopted on 7 December 2012 by the Glücksspielkollegium (Gambling Commission) which, in accordance with Article 9a(5) to (8) of the Inter-State Gambling Agreement, is composed of representatives of all 16 gambling supervisory authorities and acts on behalf of the regional authorities. Under Article 5(3)(1) GlüStV in conjunction with Articles 7 and 2(2)(7) of the...