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IRIS 2013-4:1/10 [DE] Federal Government Struggles to Reach Compromise on “Anti-Scam Law”

According to media reports, the discussion of the Federal Government’s “anti-scam bill” was taken off the agenda of the cabinet meeting on 6 February 2013. It is thought that recent criticism has triggered a further need for consultation. The current ministerial bill contains a series of provisions designed to prohibit certain practices relating to the mass distribution of warning letters, particularly concerning copyright infringements, as well as shady business models used by telesales firms and collection agencies. For example, subscriptions or competition entries completed over the telephone...

IRIS 2013-4:1/5 [BG] Agreement on Standard for Regulation of Loudness in Advertising

On 6 February 2013, the stakeholders in the television advertising industry - advertisers, communication agencies, and providers of audiovisual media services - adopted a common standard for the regulation of loudness in advertising on the basis of a Общо споразумение (self-regulatory General Agreement). The application of the standard will ensure the balance of separate elements of television programmes. This addresses frequent consumer complaints about drastic differences in sound levels especially between the audiovisual advertising and other programme elements. The standard has been elaborated...

IRIS 2013-4:1/2 European Commission against Racism and Intolerance: Media Provisions in Report on Ireland

On 19 February 2013, the European Commission against Racism and Intolerance (ECRI) published its latest reports on Ireland and Liechtenstein, adopted in the fourth monitoring cycle of the laws, policies and practices to combat racism in the member states of the Council of Europe (commentary on previous reports see IRIS 2003-5/3, IRIS 2005-7/2 and IRIS 2007-8/102). Only the report on Ireland contains a section focusing specifically on the media/Internet. In its fourth report, ECRI welcomes the positive developments in Ireland, including the establishment of the Office of the Press Ombudsman and...

IRIS 2013-3:1/30 [US] Court Issues Corrective Statements for Anti-Tobacco Campaign

On 17 August 2006, the U.S. Federal District Court for the District of Columbia (“Court”) issued a judgment against cigarette manufacturers (“Manufacturers”) for violating civil racketeering laws by deceiving the public about the health risks of smoking. The Court ordered the Manufacturers to disseminate court-approved corrective statements (“Statements”) to the public via television for at least 15 seconds on at least one “major” television network once per week between the hours of 7:00 p.m. and 10:00 p.m. between Monday and Thursday for one year and ordered the parties to submit proposals for...

IRIS 2013-3:1/28 [SK] Broadcasting of a Film Trailer is Advertising

The Supreme Court on 13 November 2012 confirmed a decision of the Council for Broadcasting and Retransmission of the Slovak republic (“Council”) in which the Council had imposed a fine of EUR 3,319 on the major commercial TV station broadcasting the channel “TV JOJ” for broadcasting more than 12 minutes of advertising in one hour. The Council’s monitoring revealed that during one of the examined hours the broadcaster transmitted advertising spots that altogether lasted 11 minutes and 59 seconds. However, during the same hour, another message (of 19 sec.) about a film that was coming to cinemas...