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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, 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

Posted in Advertising, Data Protection & Privacy, Internet

UK to launch online behavioural advertising opt-outs

The UK Advertising Standards Authority has today announced new rules on online behavioural advertising (OBA) which are intended to increase consumer awareness of and choice over the use of OBA. The rules will form part of the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (known as the “CAP Code”) from 4 February 2013, which applies to online … Continue Reading

Posted in Advertising, Broadcasting, Entertainment & Content

Communications Authority Publishes Responses to Public Consultation on Proposed Amendments to the Codes of Practice on Television and Radio Programme and Advertising Standards

In September 2012 the Communications Authority issued a consultation paper to invite views from the public on the proposed amendments to the Codes of Practice governing television and radio programmes and advertising. The results of the consultation were published last week and a summary of the responses can be found here.

Overview of responses

The majority of the responses … Continue Reading

Posted in Advertising, Policy & Regulation

Lowest Price Guarantees: Consumer’s Friend or Foe?

The UK competition authority, the Office of Fair Trading (OFT), has commissioned a report dealing with “across-sellers agreements” called “Can ‘Fair’ Prices be Unfair?”. The report suggests these types of agreements may have a ‘softening’ effect on competition.

Across-sellers agreements are more commonly known as lowest price or price match guarantees, and the majority of shoppers think these … Continue Reading

Posted in Advertising, Broadcasting, Entertainment & Content, Internet

New regulation affecting gaming advertisement in Italy

A new controversial regulation regarding gaming and gambling advertising in Italy has been introduced in the recent Law Decree no. 158 of 13 September 2012 (“Decree“) and shall affect both the off-line and online gaming industry.

The Decree contains, among others, a general provision which prohibits gambling advertisement – through TV, radio, theatres or cinemas – which is … Continue Reading

Posted in Advertising, Policy & Regulation

Increased need to monitor user generated content?

The Australian authorities appear to be cracking down on consumer generated content on companies’ branded Facebook pages. The Australian Advertising Standards Board has ruled that everything that appears on a company or brand’s Facebook page is “advertising” and therefore must comply with advertising rules, including comments posted by members of the public. Commenting on the ruling, the Australian Competition and … Continue Reading

Posted in Advertising, Broadcasting, Data Protection & Privacy, Entertainment & Content, Internet, Policy & Regulation, Spectrum, Telecoms & Broadband Peter Watts

Welcome to Global Media and Communications Watch. The International Media and Telecoms Law Blog.

This blog brings together contributions from over 400 Hogan Lovells lawyers practising across the world in all areas of the media and communications industry, generating a unique range of perspectives and providing innovative insights into a fast moving industry.

We hope you find our blog interesting and thought provoking.… Continue Reading