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IRIS 2009-1:1/10 [BE] New Draft Media Decree and Product Placement

The draft of a new Flemish Media Decree introduces, for the first time, a regulation on product placement. As the law currently stands, product placement is submitted to the common advertising regulation of the Omroepdecreet (Flemish Decree on Radio-broadcasting and Television). The relevant provision is article 105, which prohibits advertising in audiovisual programmes, unless unavoidable. Advertisements belonging to “the ordinary living environment or ordinary streetscape”, presented unintentionally and without any emphasis, are to be considered as being unavoidable (§1). The same holds true...

IRIS 2009-1:1/9 [BA] The RAK Is Expanding its Mandate

The Communications Regulatory Agency (RAK) has expanded its mandate on SMS broadcast via TV stations. In 2007, having experienced cases of hate inciting SMS in the form of chain laters, or so-called cyrons, RAK supplemented its Code of Conduct with regards to public and commercial broadcasters. Article 3 of the General Principles also regulates SMS, however RAK have not, thus far, imposed any sanctions.. TV OBN, a Sarajevo-based and country-wide commercial TV station, was the first to be fined to the amount of BAM 30,000 (about EUR 15,000), for violation of Article 4 "Hate Speech" of the Broadcasting...

IRIS 2009-1:1/2 Council of Europe: Guidelines Protecting Human Rights on the Internet

On 3 October 2008, the Council of Europe published two sets of guidelines aiming to encourage respect and to promote privacy, security and freedom of expression within the context of internet access and internet games. These guidelines therefore cover a series of online activities, such as e-mail use, chat or blog participation and online game playing. The guidelines are the product of close cooperation of the Council with European online game designers and publishers and with Internet Service Providers (ISPs). The Human Rights Guidelines for Online Game Providers were developed by the Council...

IRIS 2008-10:1/32 [SI] Pornography and Sexually Explicit Programming

The amended Slovenian Media Act and the non-binding Guidelines for the content of the internal ethical and esthetical rules (codex) of the broadcasters (see IRIS 2007-1: 18) distinguish between pornography and other explicit constructions of sexuality in TV programming. This conceptual distinction was applied in the codex of the Slovenian public broadcaster RTV Slovenija in 2007. The article no. 84 on the protection of minors of the Slovenia Media Act segments programming which includes sexuality into four categories: - pornography which might seriously impair the development, - pornography...

IRIS 2008-10:1/12 [DE] Separation of Games of Chance and Confectionery

Lottery tickets and sweets do not have to be kept separate after all. Reports had stated that lottery tickets and sweets had to be kept separate from one another in future according to a decision by the Berlin Landgericht (Regional Court – LG) in connection with an application for an injunction against the lottery organiser Deutsche Klassenlotterie Berlin (DKLB). However, this decision was set aside in its entirety following the latter’s appeal lodged on 7 October 2008. The original decision of 7 August 2008 (Case 103 O 134/08) stated that the lottery ticket counter should not be together with,...