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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...

IRIS 2013-1:1/26 [IE] Revision of General and Children’s Commercial Communications Codes

On 12 October 2012 the Broadcasting Authority of Ireland (BAI) announced the outcome of consultations on the revision of the General and Children’s Commercial Communications Codes (see IRIS 2011-7/29). The revised Codes will deal, in particular, with the approach to be taken to products that are high in fat, salt and sugar (HFSS). The BAI is required under section 42 of the Broadcasting Act 2009 to develop advertising codes to protect the general public health interests of children and may prohibit the advertising in a broadcasting service of a particular class or classes of foods. Prior to the...

IRIS 2013-1:1/14 [DE] “Tag des Glücks” Show Taken off Air following Ban

The TV show “Tag des Glücks” (“Day of Luck”) run by the lottery organisation Süddeutsche Klassenlotterie (SKL) was taken off air in October 2012. This was the response of the companies involved to several decisions of the Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK), which had criticised the show and stopped its broadcasting on several occasions in the past few years. The ZAK had repeatedly found that the programme had infringed the ban on the public advertising of gambling pursuant to section 5(3) of the Glücksspielstaatsvertrag (Inter-State Treaty on Gambling...