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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Advertising

Posted in Advertising, Entertainment & Content Meghan Edwards Ford Rissmiller

Moving Beyond #Ad: Instagram Unveils New Tool for Disclosing Endorsements

Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid partnership with…” It is designed to help users clearly and conspicuously tag the brand that sponsors a post. The announcement comes just … Continue Reading

Posted in Advertising, Policy & Regulation Natalia GulyaevaMaria Sedykh

Russia limits Foreign Ownership in TV Audience Measurement Businesses

On 3 July 2016 the Russian President signed into law a bill amending the Law on Mass Media and Advertising Law (the “Law“), which restricts foreign ownership in TV audience measurement businesses to 20%.

The Law provides that TV audience measurements may be carried out exclusively by organizations authorized by the Federal Service for Supervision of Communications, Information … Continue Reading

Posted in Advertising, Policy & Regulation Eugene LowDeanna WongAndrew McGinty

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <联网广告管理暂行办法>), which
Continue Reading
Posted in Advertising, Policy & Regulation Anthonia Ghalamkarizadeh

Germany: First inroads against adblocking

Eyeo ordered on appeal to whitelist Axel Springer media for free on AdBlock Plus

German media house Axel Springer has won a first significant victory in the adblocking battle that has been keeping the digital advertising industry on its toes for over a year now.

Read up on the procedural history between German media houses and Eyeo GmbH, the company … Continue Reading

Posted in Advertising, Broadcasting, Digital Single Market (EU) Peter WattsCharlie HawesOliver Wilson

CJEU Debates Limits on TV Advertising in Europe

In its decision in Sanoma Media v Viestintävirasto the Court of Justice of the European Union signals a technical but potentially significant clarification in the application of the Audio Visual Media Services (AVMS) Directive.

This may trigger some national regulators to re-examine their approach and some broadcasters may, in turn, face pressure to adjust the amount of advertising content … Continue Reading

Posted in Advertising, Internet Adrian EmchZhen FengEugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.

In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading

Posted in Advertising, e-commerce, Internet Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus.

The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the Continue Reading

Posted in Advertising, Internet Eugene LowDeanna Wong

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for Supervision and Administration over Continue Reading

Posted in Advertising, Internet, Telecoms & Broadband Anthonia Ghalamkarizadeh

Part II of the AdBlock Plus trilogy – Munich court says no infringement

A few weeks ago, we reported on the decision of the Hamburg District Court in the ongoing adblocking litigation concerning the software AdBlock Plus of Eyeo GmbH. Yesterday, the District Court of Munich followed suit, dismissing all claims brought by subsidiaries of RTL und ProSiebenSat.1 Digital. The judges found that the relationship between Eyeo’s business and that of the media … Continue Reading

Posted in Advertising, Internet, Policy & Regulation, Telecoms & Broadband Anthonia Ghalamkarizadeh

Adblocking to extend to mobile markets?

As reported in the press last week, the rise of adblocking appears to be spreading (read our earlier reports here and here). On 14 May, the Financial Times reported that a number of mobile operators are currently developing plans to block advertising on their networks. One unnamed European wireless carrier told the Financial Times that it plans to roll … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case

A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China.

According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just … Continue Reading

Posted in Advertising, Policy & Regulation Natalia GulyaevaMaria Sedykh

News in Russian Advertising Law

Russian Advertising Law[3] has been substantially amended in the course of 2014 and January 2015. More details are below, but the most remarkable amendments relate to the introduction of a prohibition on advertising on Pay-TV channels and prohibition on advertising of alcoholic beverages. In addition, some restrictions introduced in 2014 have been now softened, with more potential amendments in … Continue Reading

Posted in Advertising, Broadcasting

Poland: New bill on the advertising of junk food to children

The Polish Ministry of Culture is currently working on a set of amendments to the laws on TV and radio broadcasting. The planned amendments will include a full ban on the advertising of unhealthy food to children under the age of 12. The amendments are yet to be approved by Parliament, but have already been deemed part of a general … Continue Reading

Posted in Advertising, Broadcasting, Policy & Regulation

Poland: The self-regulation of major broadcasters and bill concerning the ban on junk food advertising

On 29 October 2014, a group of major Polish broadcasters, including TVN, Polsat, TVP (the Polish national broadcaster) and ITI Neovision entered into a self-regulation agreement on the advertising of foods and drinks to children below the age of 12. The agreement was drafted and executed in cooperation with representatives of the National Broadcasting Council (the Polish media regulator), and … Continue Reading

Posted in Advertising, Broadcasting, Copyright, Data Protection & Privacy, Defamation, e-commerce, Entertainment & Content, Internet, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband

Launching: LimeGreen IP News

Hogan Lovells’ Intellectual Property, Media and Technology team is excited to announce the launch of LimeGreen IP News.

Complementing our LimeGreen IP know-how site, this new online news platform is designed not only to provide you with detailed discussion on recent case law and decisions but also to provide the latest business critical IP trends and issues from around … Continue Reading

Posted in Advertising, Broadcasting, Policy & Regulation Natalia Gulyaeva

Pay-TV businesses affected by changes in Russian advertising laws

On 1 January 2015 amendments to the Russian Federal law “On advertising” No 38 of 13 March 2006 will come into force. The main change is prohibition of advertisement on Pay-TV channels and/or channels that use technical decoding devices. The law does not apply to Free-TV channels.

The amendments affect all Pay-TV channels notwithstanding the country of origin. The Russian … Continue Reading

Posted in Advertising, Broadcasting, Policy & Regulation, Telecoms & Broadband

Spain’s largest pay-TV broadcaster, DTS, appeals judgment of the General Court of the CJEU backing Spanish ‘telecom tax’

Spain’s largest broadcaster is seeking to annul Spanish taxes on over-the-air television. In 2009, the Spanish government imposed a levy on revenues of telecom operators (0.9%), pay-TV companies (1.5%) and free-to-air commercial broadcasters (3%) to finance the cost of an advertising ban imposed on public broadcaster Corporación de Radio y Televisión Española (RTVE). In 2010, the EU Commission approved the … Continue Reading

Posted in Advertising, Internet Pauline FaronChristine Gateau

AdWords: Paris Court of Appeal confirms Google is a mere provider of hosting services

In a recent decision dated 11 December 2013, the Paris Court of Appeal confirmed that Google is a mere provider of hosting services within the meaning of the e-commerce directive and can hence benefit from the limited liability regime associated with this status.

This case involved a French actor who sued a press editor in 2008, Prisma Presse, as well … Continue Reading

Posted in Advertising, e-commerce, Internet Christine GateauChristelle Coslin

The French Supreme Court confirms that advertising on social networks is subject to the general rules governing advertising

One of the growing focuses of French case law in the field of Internet law concerns advertising on social networks. A recent ruling was handed down by the French Supreme Court on this topic in a case concerning the advertising campaign for a famous French alcoholic beverage.  This case had been brought forward by the French National Association for the … Continue Reading

Posted in Advertising, Data Protection & Privacy, Internet Winston MaxwellDavid TaylorChristine Gateau

Internal and External Social Networks: New Risks, New Rules

On May 30, 2013, the Hogan Lovells Paris office hosted a seminar on internal and external social networks. While the informal nature of social networks, whether they are public or internallydeveloped by companies, is at the origin of their success, we still need to be aware that these platforms of self-expression are regulated.  From labour law to personal data through … Continue Reading

Posted in Advertising, Internet Christine GateauPauline Faron

The French Supreme Court Confirms the Use of a Competitor’s Trademark as Keyword

In a recent decision dated 29 January 2013 (http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000027024140&fastReqId=405377599&fastPos=1), the French Supreme Court reaffirmed its position regarding Google’s paid referencing service, AdWords.

This particular case involved two competitors, Cobrason and Solutions, which both sell video and hi-fi products online. Cobrason noticed that when an Internet-user types “Cobrason” on the website www.google.fr, a commercial link concerning its competitor, Solutions, … Continue Reading

Posted in Advertising, Internet

Germany: Keyword advertising with third party trademarks does not infringe if visually separated from search results

The Federal Court of Justice has confirmed its case-law on the admissibility of keyword advertising with third party trademarks. The function of the trademark as an indication of origin is not affected if the advertisement is visually separated from the hit list, even when the search term contained a trademark and the advertisement contains only generic terms that do not Continue Reading

Posted in Advertising, Data Protection & Privacy, Internet Dr. Christian Tinnefeld

Surrender! German Court Strengthens the Position of Data Principals in Insolvency Proceedings

In a recent decision, the Higher Regional Court of Düsseldorf held that data controllers may claim immediate surrender of customer data in the insolvency of marketing agencies and IT service providers in Germany under section 47 of the German Insolvency Statute (decision of 27 September 2012, file number: I-6 241/11; view a German text version of this decision). Final … Continue Reading

Posted in Advertising, Internet Morten Petersenn

Germany: Non-compliance with E-commerce rules is misleading advertisement

The Court of Appeal of Bremen (German version of the decision) has recently confirmed that competitors and consumer associations in Germany may challenge non-compliances with e-commerce rules. Any such non-compliance can be attacked on the basis of the German Unfair Competition Act (“UWG”). The court dealt with two essential aspects of
E-Commerce: 1. Is it a misleading advertisementContinue Reading