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IRIS 2015-7:1/7 [DE] Kassel Administrative Court declares supervisory measure against “Big Brother” programme unlawful

In a ruling of 7 May 2015 - 8 A 254/14 - the Verwaltungsgerichtshof Kassel (Kassel Administrative Court) decided that the supervisory measure imposed by the Hessische Landesanstalt für privaten Rundfunk und neue Medien (Hessian Private Broadcasting and New Media Office - LPR Hessen) against the broadcast of an episode of the “Big Brother” programme was unlawful. The LPR Hessen had classified a “Big Brother” daily highlights show as harmful for the development of children and young people and therefore ordered the broadcaster RTL 2 not to broadcast future episodes of the programme between 7pm and...

IRIS 2015-6:1/36 [SK] Complaint against TV ad on sexual nutrition product dismissed

On 24 March 2015, the Council for Broadcasting and Retransmission of the Slovak Republic (“CBR”) dismissed a complaint against a sponsorship announcement (hereinafter referred to as “credits”), which featured a nutrition product for a “stronger male erection” broadcast within the programme service of a major Slovak TV commercial broadcaster. CBR examined the credits with the existing tools for the protection of minors in media, as well as with regard to the difference between sponsorship announcements and advertising. Both versions of the credits contained females approaching men in ordinary situations...

IRIS 2015-6:1/6 [BE] Decisions regarding infringements of sponsoring provisions

During the past months the Flemish Media Regulator has closely supervised compliance with the requirements regarding the broadcasting of sponsoring messages laid down in Articles 90-97 of the Flemish Media Decree. In a series of decisions published at the end of March 2015, the Regulator imposed a fine of EUR 1500 on four regional broadcasters (TV Limburg, Focus TV, ATV, WTV) for infringing Article 96, paragraph 1, which states that newscasts and political information programmes cannot be sponsored. In all cases, the newscasts were accompanied by a message mentioning the clothing sponsor of the...

IRIS 2015-6:1/3 European Commission: The Digital Single Market Strategy for Europe

On 6 May 2015, the new European Commission published its Digital Single Market Strategy for Europe. Following the pre-election political guidelines of the President of the Commission Jean-Claude Juncker, the Strategy refers to the Digital Single Market - a free movement of goods, persons, services and capital in the online environment - as one of the Commission’s key priorities. The Strategy elaborates on 16 high priority interdependent actions, outlined in the Annex, to be completed by the Commission in 2015-2016. These actions build on three pillars: (1) better access for consumers and businesses...

IRIS 2015-5:1/39 [DE] Calling somebody "du" (the familiar form of address) in advertising for online roll-up games is not a prohibited children's advertising

Not every "du" (the familiar form of address) in an online roll-up game is automatically an anti-competitive advertising. Rather, the average age of the targeted group is important that is to be addressed with the respective advertising within an online game. The District Court of Berlin (Landgericht) found this with a judgment of 21 April 2015 (Az .: 16 O 648/13). The Federation of German Consumer Organisations (vzbv) had filed a complaint. The lawsuit of the consumer protectionists was directed against the operator of an online role playing game. The company had promoted virtual game supplements,...