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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...

IRIS 2013-1:1/12 [CZ] Amendment of the Broadcasting Act

The Parliament of the Czech Republic approved an amendment of the Broadcasting Act concerning the increased volume of commercials compared to the rest of television programming. For a long time, the Council for Radio and Television Broadcasting (the Council) has received a wide range of complaints from viewers dealing with increased commercial sound volumes during the broadcasting of commercials. According to the amended Broadcasting Act, it is the responsibility of the Council to authoritatively intervene in any case of significant volume increases during television advertising. Previously, the...

IRIS 2013-1:1/10 [BA] Approach to “Significant Value” Adopted

At its session held on 13 November 2012, the Council of the Communications Regulatory Agency (CRA) adopted the Code amending the Code on Commercial Communications (Code) in order to reflect the newly taken approach to the legal understanding of a “significant value” of promoted goods and services. The Code, as now amended, considers any inclusion of goods and services in the audiovisual or radio programme as product placement, regardless of their value. The Code has been in force since 1 January 2012. However, the application of provisions on product placement was postponed until 1 January 2013...