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IRIS 2016-9:1/23 [IT] Decree on the television advertising of gaming

On 19 July 2016, the Ministry of Economy and Finance (Ministero dell’Economia e delle Finanze) issued a decree to identify the “specialised media” to which the general prohibition of gaming advertising on television and radio broadcasts between 7 a.m. and 10 p.m. does not apply. The Decree has been published in the Official Journal on 8 August 2016. Restrictions on gaming advertising were introduced by Legislative Decree no. 158 of 13 September 2012 (“Decreto Balduzzi”). In addition, Section 1, paragraph 939 of Law no. 208 of 28 December 2015 sets forth the prohibition on “generalist radio and...

IRIS 2016-9:1/16 [FR] Classification of films shown in cinemas and on television: CSA study

At the end of February 2016, the Chair of the Commission for the Classification of Cinematographic Works, submitted to the Minister for Culture a report on the classification of cinematographic works with regard to minors between 16 and 18 years of age. The report follows on from a number of controversies connected with the courts’ suspensions of approval certificates for films including scenes of extreme violence or non-simulated sex. The public authorities are indeed currently reconsidering “the automatic nature of banning showing [such content] to minors, which is the result of current law as...

IRIS 2016-8:1/20 [HR] New portal for media literacy

The Croatian regulatory authority, the Agency for Electronic Media (AEM), and UNICEF, in cooperation with the Academy of Dramatic Arts, the Faculty of Political Science, the Institute of Lexicography, the Croatian Audiovisual Centre (HAVC), and the Croatian Film Association (amateur film and film schools) have launched an online portal for media literacy. The portal broadens the recent campaign of the AEM and UNICEF, entitled "Let’s choose what we watch", which has shown through various examples the potential impact of media on children and parents (IRIS 2016-1/17). The portal is intended to inform...

IRIS 2016-8:1/12 [DE] No injunctive relief against rebroadcasting of child abuse drama

In a judgment of 3 June 2016 (Case 324 O 78/15),  the Landgericht Hamburg (Hamburg Regional Court) ruled that a former pupil of the Odenwaldschule boarding school in Hesse, in which child abuse took place on several occasions, is not entitled to injunctive relief against the rebroadcasting by the TV station WDR and the production company of the feature film “Die Auserwählten” (The Favoured Few) depicting those events, despite the fact that he was himself a victim. The Odenwaldschule was the focus of public attention when it came to light that systematic sexual abuse of pupils had been perpetrated...

IRIS 2016-7:1/26 [RS] New Advertising Law in effect as of 6 May 2016

The new Advertising Act (”Official Gazette of RS“, No. 6/2016), which was adopted by the Serbian Parliament on 26 January 2016, became effective as of 6 May 2016. The new law supersedes the former Advertising Act, which has been in force since 2005 (“Official Gazette of RS“, No. 79/2005). According to the statements made by the representatives of the Serbian Ministry of Trade, Tourism and Telecommunications, the new law aims to harmonise with the relevant European legislation, as well as to establish a legal framework that would be able to withstand technological challenges. The new law is applicable...