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The Advertising Standards Authority has been designated by the UK regulator Ofcom as the co-regulator for advertisements appearing on VOD services which are subject to statutory regulation, namely, the Communications Act, 2003, section 368A. Such advertisements are subject to the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) and, in particular, the Appendix, which allows the ASA to take legal action against the VOD service provider in the event of Code infringements. A revised CAP Code (as well as the Code of Broadcast Advertising, the BCAP Code) comes into effect...

On 19 July 2010, the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) and satellite provider ASTRA announced the conclusion of an agreement, under which ASTRA promised, on a voluntary basis, not to sign any more contracts with foreign providers of free-to-air erotic content for an indefinite period, and to phase out all existing contracts by the end of 2011. Aware of its responsibility as a service provider to protect young people, ASTRA also declared its willingness to refer proactively in line with its cooperation with the KJM at various events. This...

In early July, the LandgerichtDuisburg (Duisburg district court - LG) reinstated a temporary injunction, under which the erotic broadcaster Beate-Uhse.tv was provisionally prohibited from transmitting its programmes via the pay-TV broadcaster Sky before 11 p.m. According to media reports, however, the OberlandesgerichtDüsseldorf (Düsseldorf court of appeal - OLG) lifted this injunction on 21 July 2010. The programmes may now again be shown from 8 p.m. onwards. The case follows a complaint from a company that itself operates an encrypted online pornography service and believed that the Sky service,...

On 14 May 2010, a bill for the amendment of the Radio and Television Act (RTA) was introduced in the National Assembly. The amendments were provoked by programmes on the private national terrestrial television “Nova”, in the format “Big Brother Family”, in which children of some of the families were admitted into the house. The participation of juveniles in those programmes was the subject of harsh criticism by the National Assembly Commission for Education, Science and the Issues of Children, Youth and Sports. A proposal for the introduction of a new clause into the RTA has been made: “Article...

On 17 June 2010, the Austrian Nationalrat (national assembly) adopted amendments to the Bundes-Verfassungsgesetz (Federal Constitutional Act), KommAustria-Gesetz (KommAustria Act - KommAustria-G), Telekommunikationsgesetz (Telecommunications Act), Verwertungsgesellschaftengesetz (Collecting Societies Act), ORF-Gesetz (ORF Act - ORF-G), Privatfernsehgesetz (Private Television Act) (now known as the Audiovisuelles Mediendienste-Gesetz - Audiovisual Media Services Act - AMD-G), Privatradiogesetz (Private Radio Act) and Fernseh-Exklusivrechtegesetz (Exclusive Television Rights Act - FERG). The decision...