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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...

IRIS 2013-3:1/27 [SK] Promotion of a Slovak Film

The Council for Broadcasting and Retransmission of the Slovak Republic (“Council”) in April 2012 imposed a fine of EUR 497 on the (radio) public service broadcaster (PSB) for failing in its obligation to clearly separate (by acoustic means) advertising from editorial content. Although the present case concerned a radio station, its outcome may also be applied to audiovisual media, since the separation obligation is also valid for the latter. The PSB aired a short message about a new Slovak film. The spot contained short extracts from the film along with the date of its premiere. It also introduced...

IRIS 2013-3:1/26 [RO] Culture Standing Committee Rejects Bills for the Modification of the Audiovisual Act

On 16 January 2013, the Culture Standing Committee of the Romanian Senate (upper Chamber of the Parliament) rejected a bill for the modification of the Legea Audiovizualului nr. 504/2002 (Audiovisual Law no. 504/2002). The same day, the Committee also rejected a bill which intended to prohibit the use in radio and TV commercials of objects or symbols belonging to the national cultural patrimony. The plenum of the Senate will have the final decision on both bills, but there is no time limit (see IRIS 2010-1/36, IRIS 2011-4/31, and IRIS 2011-7/37). The first bill was proposed by four members of the...

IRIS 2013-3:1/22 [NL] Dutch Public Broadcaster Fined for Infringing Limitations on Commercial Promotion

In 2009 and 2010, the Dutch public service broadcaster Omroepvereniging Tros aired the children's television series “Het Sprookjesboomfeest”. On 28 June 2011, the Commissariaat voor de Media (the Dutch Media Authority - CvdM), imposed a fine of EUR 120,000 for non-compliance with the Dutch Media Act, the Mediawet 2008 (Mw). According to the CvdM, Omroepvereniging Tros had infringed the principle of non-commerciality by being servant to the profits of commercial third parties (Article 2.141(1) Mw) and by acting in conflict with the sponsor rules for public service broadcasters (Article 2.89(1)(b)...