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In two decisions of 17 November 2016, the seventh chamber of the Verwaltungsgericht Hannover (Hanover Administrative Court - VG) rejected two appeals by RTL against decisions issued by the Niedersächsische Landesmedienanstalt (Lower Saxony media authority) following breaches of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). The advertising-related provisions of the Rundfunkstaatsvertrag set out, in a general way, the obligation to separate editorial content from advertising, lay down limits for broadcast advertising, and provide a basis for the prosecution of those who infringe...

On 1 January 2017, the new gambling law took effect. Each provider of gambling has to obtain a basic operating permit, which is issued by the Ministry of Finance. The gambling provider must therefore apply for the relevant authorization. Unauthorized gambling should not be broadcasted or advertised. Exempted from the new Gambling law is gambling in the form of consumer competitions and other prize competitions. These forms of gambling are now considered to be normal business practice. The law allows the assessment of consumer competition as business practice in general. Games in the form of calls,...

The public broadcaster Radio Televizioni Shqiptar (RTSH) has approved its first editorial guidelines. RTSH presented the editorial guidelines in a meeting on 18 November 2016, before receiving the approval of the Steering Board. Previously, the draft guidelines had been consulted internally and with stakeholders and civil society organizations focusing on media, while OSCE enabled the external assistance of EBU. The guidelines were based on the BBC rules of conduct and the Slovenian public broadcaster editorial rules. The guidelines cover not only radio and television, but also online media and...

On 2 November 2016, with decision n. 424/16/CONS, the Italian Regulatory Authority for Telecommunication (Autorità per le garanzie nelle comunicazioni - AGCOM) approved a decision concerning “guidelines about the respect of human dignity and the principle of non-discrimination within news programmes, news outlets and entertainment programmes”. With this decision, AGCOM wants to issue interpretative criteria for the activity of broadcasting services monitoring, for which it has responsibility, and to interpret the application of articles 3, 32 paragraph 5 and 34 of the Italian Audiovisual and Radio...

The Compliance Committee of the Broadcasting Authority of Ireland (BAI) has held that the broadcaster FM 104 violated a number of broadcasting rules during a live phone-in programme which featured a discussion on the issue of “special needs children and their exclusion from summer camps.” A complaint had been made over a July 2016 broadcast on “The FM 104 Phone Show” that is broadcast each weekday night and covers a wide range of topics. The complainant claimed inter alia that the broadcasting comments by one caller who referred to an autistic child as “having no mind of their own; not being ‘all...