Radio advertising includes advertising on TV and radio.

Radio Advertising

Radio advertising includes advertising on the radio. The legal framework for radio advertising is laid down in the Private Radio Act.

Advertising Bans

According to the Private Radio Act, advertising for medicinal products, therapeutic treatments, tobacco products and spirits is absolutely prohibited. Advertising for other goods and services is permitted, subject to the following points:

Time Restrictions

The Private Radio Act restricts advertising in terms of time. Radio advertising may not exceed a maximum of 206 minutes per day, and only if the radio station broadcasts 24 hours. On an annual average, advertising may not exceed 172 minutes per day if the station broadcasts 24 hours a day.

Separation Requirement

The separation requirement stipulates that advertising must be clearly separated from editorial content. On the radio, there are therefore usually advertising blocks, at the beginning and end of which a clear acoustic signal can be heard. It is therefore clear to listeners when advertising begins and ends.

Misleading Advertising and Surreptitious Advertising

As you know, advertising must not be misleading. Surreptitious advertising is also prohibited. Surreptitious advertising is advertising that is placed in the editorial section of the radio program for the listener and is therefore not recognizable as advertising. This also applies to radio advertising, of course.

Legal Consequences of Violations of Advertising Regulations in Radio Broadcasting

Anyone who violates advertising regulations for radio broadcasting must expect administrative penalties of up to EUR 3,600.00. In addition, violations of the Private Radio Act may also have consequences under competition law.

Advertising on Private Television

The regulations for advertising on private television are comparable to those for radio advertising. However, they sometimes go beyond them in detail. The legal framework for advertising on private television is the Audiovisual Media Services Act.

This law stipulates in particular that advertising must not violate human dignity, be discriminatory, violate religious and political beliefs or endanger health and the environment.

Advertising Bans

It is prohibited to advertise tobacco products, spirits or prescription drugs on private television. No medicinal products or treatments may be offered in teleshopping programs at all. Advertising for alcoholic beverages that are not considered spirits, such as beer, may in principle be broadcast, but the consumption of alcohol must not be presented as a solution to problems or associated with success.

Time Restrictions

There are also time restrictions for advertising on private television. In principle, 15% of the daily broadcasting time may be used for advertising.

Separation Requirement

As with radio broadcasting, advertising on private television must also be clearly distinguishable from the rest of the program. As with radio broadcasting, there are usually advertising blocks that begin and end with an optical and / or acoustic signal. Teleshopping programs must be identified as such.

Misleading Advertising, Surreptitious Advertising and Product Placement

Misleading advertising and surreptitious advertising are also prohibited on private television. Product placement is also generally prohibited, unless goods or services of minor value are made available free of charge for a broadcast. However, the prohibition of product placement does not apply to cinema and television films, series and sports broadcasts.

Sponsoring

Anyone who wants to sponsor a private television station or a broadcast must observe the following:

the editorial independence of the station must not be impaired,
sponsored broadcasts must be clearly identified as such, especially at the beginning and end,
they must not directly call for the purchase, rental or lease of goods or services,
manufacturers of tobacco products may not act as sponsors,
news broadcasts and broadcasts for political information may not be sponsored.

Violations of Advertising Regulations for Private Television

Anyone who violates advertising regulations for private television must expect administrative penalties of up to EUR 8,000.00. Serious violations can even be punished with fines of up to EUR 40,000.00.