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IRIS 2008-9:1/30 [PT] Media Regulatory Body Praises Bullfighting

On 3 September 2008, the Entidade Reguladora para a Comunicação Social (Portuguese media regulatory body - ERC), handed down a decision holding bullfighting to be “an integrant part of the Portuguese ethos” and stating that there are no reasons that justify its interdiction from television programming. The deliberation 13/CONT-TV/2008 results from a complaint put forward by Mr. Pedro Henrique Assunção Grilo, who argued that the private channel Televisão Independente (TVI) should not have broadcast a bullfight on 5 June 2008 before 22:30h and without an identifying symbol advising viewers on the...

IRIS 2008-9:1/19 [GR] National Regulatory Authority Imposes Fine on Greek Television Channels

The Greek Ethinko Symvoulio Radiotileorasis (National Council for Radio and Television – ESR) recently issued three important decisions regarding the issues of protection of minors, privacy and protection of a person’s personality. The first decision refers to the well-known series “Prison Break”. The series was broadcast by the Greek channel “ANTENNA” and was rated by the special committee of the channel as second category – available for minors with parental consent. According to this rating, the series could not be transmitted during the “children’s zone” (i.e. before the watershed). On a daily...

IRIS 2008-9:1/14 [FR] Strict CSA Deliberation against Programmes for Young Children

On the basis of an opinion delivered on 16 April 2008 by the Ministry of Health on the impact of television channels on very young children, the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority – CSA), in compliance with the mission to protect children and adolescents conferred on it by Articles 1 and 15 of the Act of 30 September 1986, delivered a deliberation on 22 July 2008 aimed at protecting children under the age of three years from the effects of television. Two experts’ reports were the inspiration for the scientific opinion of the Ministry of Health against...

IRIS 2008-9:1/9 [DE] 10th Inter-State Broadcasting Agreement Enters into Force

On 1 September 2008, the Zehnte Rundfunkänderungsstaatsvertrag (10th Agreement Amending the Inter-State Broadcasting Agreement - 10. RÄStV) entered into force in all 16 German Bundesländer . In particular, the new Agreement provides for the restructuring of media supervision in the Länder (Art. 35 ff. of the Rundfunkstaatsvertrag – Inter-State Broadcasting Agreement – RStV) as well as new access rules and rules for platform operators (Art. 50 ff. RStV). It also includes new rules on the organisation of competitions (Art. 8a RStV). Under Art. 35 para. 2 nos. 1 and 7 RStV, the licensing of private...

IRIS 2008-9:1/6 [DE] Supreme Court Considers Nestlé's Collecting Programme Admissible

In a ruling of 17 July 2008 (case no. I ZR160/05), the Bundesgerichtshof (Federal Supreme Court - BGH) decided on the admissibility of collecting programmes partly aimed at children and young people. The case concerned an advertising campaign by the firm Nestlé. The company had printed points on the packaging of its chocolate bars. Every 25 points was worth EUR 5 at an Internet mail-order firm. Since this advertising campaign was partly aimed at children and young people, the Verbraucherzentrale Bundesverband e. V. (Federation of German Consumer Organisations - vzbr) filed an injunction suit against...