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IRIS 2012-8:1/32 [IT] Italian AVMS Code Amended

On 28th June 2012 the Italian Government adopted Legislative Decree no. 120/2012 amending the Italian AVMS Code (Legislative Decree no. 177/2005, already amended in 2010, when the AVMS Directive was implemented into Italian legislation: see IRIS 2010-2/25 and IRIS 2010-4/31). This Decree has been adopted with the aim of amending some provisions on the protection of minors and trailers of cinematographic works adopted in 2010 at the time of the implementation of the AVMS Directive and which led to some remarks by the European Commission (see IRIS 2011-5/5). With regard to trailers of cinematographic...

IRIS 2012-8:1/27 [FR] Report on Method of Regulating Product Placement on Television

In June 2012 the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) drew up a report on the result of the application of its deliberation on product placement in television programmes, adopted on 16 February 2010 (see IRIS 2010-4/23). The deliberation made provision for such a report to be drawn up two years after it came into force. Adopted in application of Article 14-1 of the Act of 5 March 2009 transposing the AVMS Directive into national legislation, the deliberation authorised product placement in France “in cinematographic works, audiovisual fiction works, and music...

IRIS 2012-8:1/21 [ES] Merger Antena 3/La Sexta

On 24 August 2012, the Spanish government decided to relax the conditions imposed by the Spanish Comisión Nacional de la Competencia (National Competition Commission - CNC) for the acquisition of La Sexta by Antena 3. Exceptionally, the Spanish government may authorise economic concentrations on general interest grounds notwithstanding the negative opinion of the CNC. On 15 March 2012 Antena 3 had notified to the CNC the purchase of 100% of La Sexta’s share capital. On 14 March 2012 this concentration operation had been sent back to Spain by the European Commission for analysis by the CNC. According...

IRIS 2012-8:1/16 [DE] Düsseldorf Appeal Court Confirms Cartel Law Ban on RTL and ProSiebenSat.1 Online Video Platform

According to the Bundeskartellamt (Federal Cartel Office - BKartA), the Oberlandesgericht Düsseldorf (Düsseldorf Appeal Court - OLG), in a judgment of 8 August 2012, rejected the complaint by RTL and ProSiebenSat.1 against its decision of March 2011 concerning the two broadcasters’ joint online video platform (case no. D 332 VI Kart 4/11[V]). The OLG Düsseldorf therefore confirmed the prohibition imposed by the BKartA and shared the cartel authority’s concerns (see IRIS 2011-5/15). The BKartA had concluded that, in its proposed form, such a platform would further strengthen the two broadcasting...

IRIS 2012-8:1/11 [BE] Flemish Commercial Broadcaster Infringes Sponsorship Rules

The programme ‘De Vlaanders’ is broadcast on Stories TV, a Flemish commercial broadcaster.This programme provides local news from two Belgian provinces, Oost- and West Vlaanderen. This programme is followed by a weather forecast. On 10 January 2012, after the weather forecast, the following sponsorship billboard was broadcast: ‘De Client (kapsalon)/Close-Up (kledingzaak)/Loewe (audio/video/TV)’ (De Client (hair dresser)/Close-Up (fashion shop)/Loewe (audio/video/TV). According to Vlaamse Regulator voor de Media (Flemish Media Regulator - VRM), this practice infringes Article 91 (1) Mediadecreet...