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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...

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...

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)...

The Macedonian media regulation authority, the Broadcasting Council, adopted a Прирачник за оценување на медиумскиот плурализам (Guideline for assessing media pluralism), whose aim is to provide the Council with the tools required to adjust its decision-making process in order to foster media pluralism in the country. This document comes in response to the remark in the EU Commission’s Progress Report for 2012 where the Commission expressed “[...] widespread concerns about lack of pluralism and self-censorship [...]”. Moreover, the EU Commission points out that the intense governmental advertising...

On 6 February 2013, the Comisión Nacional de la Competencia (Spain's antitrust authority - CNC) ruled that its Resolution of 28 October 2010 concerning the merger of TV broadcasters Telecinco and Cuatro had been breached and that Mediaset España Comunicación, S.A. (owner of Telecinco) had therefore committed a very serious infringement under Article 62.4.c) of the Spanish Competition Act 15/2007 of 3 July 2007. Accordingly, it fined Mediaset EUR 15,600,000 pursuant to Article 63.1.c) of that Act. On 28 October 2010, the CNC had approved the merger between TV channels Telecinco and Cuatro subject...