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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,...

IRIS 2015-5:1/28 [NL] Dutch Media Authority imposes a EUR 150 000 fine on public service broadcaster

The Dutch Media Authority (Commissariaat voor de Media - CvdM), imposed a EUR 150 000 fine on NTR, an independent Dutch public service broadcaster. Each year, on the evening of 5 December, Dutch families celebrate the birthday of Saint Nicholas (Sinterklaas) with the giving of gifts. And each year, in the weeks before the festive evening, NTR airs a daily fictional news show called “Het Sinterklaasjournaal.” The show is meant for children under the age of twelve. In 2013, the broadcaster also produced and distributed wrapping paper with a Sinterklaas theme. According to the Media Authority, NTR...

IRIS 2015-5:1/18 [HR] CEM adopts new rules on the protection of minors in electronic media

After concluding consultations with stakeholders and the interested public, the Council for Electronic Media (CEM) has adopted new rules on the protection of minors in electronic media on 27 February 2015. The main change introduced by the new rules relates to the protected time period. The time period in which programmes intended for viewers older than 18 may not be broadcast remains unchanged. It includes the period from 7 a.m. to 11 p.m. with a mandatory graphic sign (a transparent circle with an inscribed red number 18) present throughout their duration. The time period in which programmes...