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IRIS 2013-2:1/9 [AT] Naming of Lottery in Competition: Product Placement but Not Surreptitious Advertising

In a decision of 5 November 2012, the Austrian Bundeskommunikationssenat (Federal Communications Senate - BKS) explained the difference between surreptitious advertising and product placement in a radio competition. The case concerned a competition organised over several days by the radio station Ö3 and based heavily on the state lottery. On the days of the relevant broadcasts, presenters drew a total of 12 bonus numbers, always just before the hourly news bulletin. Listeners were urged to see if the numbers were on their lottery tickets, which could be up to six months old. After the news bulletin,...

IRIS 2013-2:1/8 [AL] Debates on Funding of Regulatory Authority and Public Broadcaster

In several meetings of the Komisioni për Edukimin dhe Mjetet e Informimit Publik (Parliamentary Media Commission - KEMIP) in the course of December 2012, the discussions on the 2013 state budget for the electronic media regulatory authority Këshilli Kombëtar i Radios dhe Televizionit (National Council of Radio and Television - KKRT) and the public broadcaster Radio Televizioni Shqiptar (Albanian Radio and Television - RTSH) highlighted the existing problems in current methods of determining their respective funding. According to Art. 11 of the Law no. 8410 (on Public and Private Radio and Television...

IRIS 2013-1:1/37 [US] Court Denies Preliminary Injunction against Ad-Skipping Services

On 7 November 2012, a United States District Court in Los Angeles rejected a petition for a preliminary injunction filed by Fox Broadcasting ("Fox") that asked the Court to block DISH Network (“DISH”) from providing its advertising-skipping DVR services "AutoHop" and "PrimeTime Anytime" (collectively "Services") to its customers. The new Services allow DISH’s customers to record primetime television shows on broadcast networks, save them for up to eight days, and skip past commercials in the recorded shows. Fox argued that DISH should be blocked from providing the Services because they are a “bootleg,...

IRIS 2013-1:1/36 [SK] “Media Partnership” as Remuneration for Advertising

In recent months the Council for Broadcasting and Retransmission of the Slovak Republic (Council) has received complaints about an excessive amount of advertising within certain programmes of the major commercial TV broadcaster in Slovakia. In the case at hand an examination carried out by the monitoring department of the Council revealed two advertising breaks that together lasted exactly 12 minutes within the examined hour. However, another announcement of 20 seconds about a forthcoming musical at the state theatre was broadcast within this period. Although placed outside the commercial break...

IRIS 2013-1:1/35 [SE] Radio and Televisions Act Applies to Newspapers’ Web TV Services

On 29 October 2012, Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - SBC) delivered four decisions regarding the application of Radio- och TV-lagen (The Radio- and Televisions Act - RTL) in relation to Web TV sections on newspapers’ websites. The cases concerned more or less similar circumstances for the websites of the newspapers Aftonbladet, Dagens Nyheter, Helsinborgs Dagblad and Norran. Firstly the SBC had to decide whether the RTL applied to a Web TV service as such. According to the travaux préparatoires of the RTL, which refer to the Audiovisual Media Services Directive...