Latest updates

Influencer marketing – is '#collaboration' clear enough?
  • Sweden
  • April 12 2018

The debate regarding hidden marketing by influencers has been ongoing for some time, as social media's influencer scene grows from strength to strength. A recent judicial court judgment that the indication that a post constitutes marketing must be made at the very beginning of the post is perhaps unsurprising, as it is based on an established principle that the consumer must be able to identify marketing before he or she has read the entire advertisement.

Lights, camera, action! Tax exemption for films
  • South Africa
  • October 26 2017

Section 12O of the Income Tax Act provides an incentive to stimulate the domestic production of films in the form of an exemption from normal tax for income derived from the exploitation rights of a film. The South African Revenue Service recently issued guidance reflecting its interpretation of this provision.

Scope of public body's use of individual's exclusive right in course of trade
  • Sweden
  • September 28 2017

The Supreme Court recently outlined the assessment of the terms 'trader' and 'marketing' with regard to a municipality's use of a private individual's picture in newspaper advertisements and other informative material. After a city in a municipality had been named the European capital of culture, the municipality used a picture showing a person. The person sued the municipality for damages on the grounds that it had used the picture in marketing the municipality and its business without his consent.

Online newspaper articles and libel do not toll notice and limitation periods
  • Canada
  • July 27 2017

An eagerly anticipated media law decision from the Ontario Court of Appeal confirms what may seem to be an obvious legal proposition: the publication of a newspaper article online is treated the same as the print version for the purposes of notice and limitation periods in a civil action – in other words, time periods governing libel actions do not start afresh each day that an online article is online.

Advertising and comparative advertising under new Civil and Commercial Code
  • Argentina
  • July 20 2017

The new Civil and Commercial Code refers to advertising – including comparative advertising – in the context of the rules concerning consent in consumption agreements. From a legislative viewpoint, this does not appear to be the most advisable perspective, as comparative advertising – the most important effects of which concern competitor companies, rather than consumers – is central to the regulation of advertising.

Influencers' content: ARPP's first recommendations for collaborating with brands
  • France
  • June 15 2017

As influencers' content and communications are expanding internationally and in quite diverse ways, the Advertising Professional Regulatory Authority recently published new recommendations in relation to influencers' content, statements and publications. These first recommendations are an important starting point in the establishment of a legal regime applicable to these new actors and types of publication.

Film censorship versus film certification
  • India
  • May 25 2017

The recently constituted Shyam Benegal Committee has made recommendations on the functions of the Central Board of Film Certification (CBFC) in order to provide a holistic framework with a focus on limiting the CBFC's power to issue certificates, not censor films. It recommends that the CBFC should be a film certification body only, one whose scope is restricted to categorising the suitability of films on the basis of viewers' age and maturity.

FTC warns celebrities over social media endorsements
  • USA
  • May 25 2017

The Federal Trade Commission (FTC) recently sent over 90 letters to celebrities, athletes, marketing firms and other influencers, warning them to disclose clearly and conspicuously their relationships with brands when endorsing products through social media. This is the first time that the FTC has directly targeted social media influencers, highlighting requirements set out in the Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Individuals' image rights, hidden cameras and freedom of the press
  • France
  • May 04 2017

Following the broadcast of a television news report entitled "Internet: serial liar" on M6, one of the main national television channels, the doctor involved brought proceedings against M6 on the grounds that his image rights had been violated. As its defence, M6 claimed that the broadcast of the report was justified by two principles: the freedom of the press and the right to inform the public.

Failure to include retraction or apology in defamation settlement offer has costs consequences
  • Canada
  • March 16 2017

A recent decision of the Court of Queen's Bench in Alberta highlights the costs consequences of litigating civil actions in Canada in the context of a defamation action involving a self-represented plaintiff who was forced to proceed to trial in order to obtain public acknowledgement that the article in question was defamatory. The plaintiff ultimately obtained a damages award of C$200,000 and recovery of trial costs in the amount of C$250,000.

Youth programmes broadcast on French public television will be kept free of advertising from January 2018
  • France
  • February 02 2017

The Law of December 20 2016 concerning the abolition of commercial advertising during youth programmes broadcast on French public television has been adopted by Parliament and will enter into force on January 1 2018. In accordance with the law, commercial advertising cannot be broadcast on French public television 15 minutes before, during and 15 minutes after the airing of a programme targeted at children under 12 years.

FCC opens radio and television broadcasting to foreign entities
  • USA
  • January 26 2017

For more than 80 years, Section 310(b) of the Communications Act 1934 has been interpreted as prohibiting direct foreign ownership of more than 20% and indirect ownership of 25% or more of US radio and television broadcast stations. This will change as of January 31 2017, as the Federal Communications Commission recently removed longstanding prohibitions against these limitations on foreign ownership.

Anti-SLAPP law: recent decisions
  • Canada
  • January 19 2017

A defendant or respondent may bring a motion to dismiss an action as a strategic lawsuit against public participation (SLAPP) and a judge must dismiss the proceeding if he or she is satisfied "that the proceeding arises from an expression made by the person that relates to a matter of public interest", unless the responding party proves certain facts. Two recent decisions have tested the new anti-SLAPP law in a manner that appears to embrace the philosophy behind the statute.

Court finds businessman is not a 'libel tourist'
  • Canada
  • December 01 2016

The Ontario Court of Appeal recently upheld the dismissal of a defamation suit brought by Canadian billionaire Mitchell Goldhar against Israel's oldest daily newspaper Ha'aretz. In making its decision, the court considered three factors: whether the Ontario courts had jurisdiction simpliciter over the matter; whether Israel was a more appropriate forum to hear the case; and whether the lawsuit was an abuse of process.

How film and television producers can comply with new continued exploitation obligation
  • France
  • November 24 2016

The recently signed professional agreement between authors and producers covers audiovisual and cinematographic works initiated by a French delegate producer, for which the major part of the financing was provided by French individuals or entities. While the agreement also introduces several obligations for producers, the majority of its provisions concern the implementation of the obligation to look for a continued exploitation.

Consequences of Brexit for French entertainment industry
  • France
  • October 20 2016

Brexit will have numerous consequences for the French entertainment industry. Among other things, UK audiovisual works and films will no longer qualify as EU works and will thus be excluded from the quotas to which French television broadcasters and audiovisual media services providers are subject. In addition, UK-based model agencies will need a licence for any French activities.

New approach adopted for protection of personal rights
  • Poland
  • October 13 2016

The amount of compensation awarded for the infringement of personal rights is discretionally decided by the courts and has, to date, been rather moderate. However, a recent Warsaw Regional Court judgment suggests imminent change in this regard and should be considered an important step towards settling the conflict between personal rights and freedom of the press.

New Digital Republic Act adopted
  • France
  • October 06 2016

Parliament recently adopted the new Digital Republic Act, which confirms that providers of public communication networks and electronic communication services to the public are bound by the net neutrality rules. In addition, the act sets out new data portability provisions and establishes a framework for video game competitions, among other things.

Federal Court of Canada decision encourages creation of historical fiction
  • Canada
  • September 22 2016

The publishing industry in Canada recently welcomed a Federal Court of Canada decision dismissing a claim in copyright brought by documentary filmmakers against the publisher and author of a fictional novel that was inspired by facts brought to light by the applicants' documentary. In dismissing the application, the court made several statements that are of interest to the media industry for their implications on the creation of historical fiction.

Creation Act and phonographic production
  • France
  • September 15 2016

The recently published Freedom of Creation, Architecture and Heritage Act fundamentally amends the rules regarding music production and exploitation. Among other things, the act enshrines the right to freedom of creation and the right to broadcast, and states that these rights must be exercised in accordance with the principles governing freedom of expression and respect the rights of creators.

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