Stephan K. Rippert is a partner with the law firm of Reed Smith in Munich, Germany. Stephan is heading the Technology, Media and Telecommunications (TMT) practice in Germany. He regularly advises on all commercial and regulatory TMT matters including content distribution, licensing, syndication, advertising, software, IT/IP, outsourcing as well as on international transactional matters. As a former General Counsel of a broadcasting company and Senior Counsel with a US media company he is intrinsically familiar with media and advertising law. Stephan is licensed to practice law in Germany and in the US (NY).
Thoughts on Advertising: Advertising on television is one of the main platforms for building images or creating awareness of a brand. Attention of the advertising community in Europe must be paid to the Television without Frontiers Directive and its currently discussed modernization. The Directive will have a decisive impact on the way advertising can be done not only on television but on all audiovisual media services. The current Directive needs a revision as current rules have been overtaken by technological progress and market developments. The advertisers will take note of a different regime applicable for advertising rules for linear services as well as for non-linear services. Although various questions are still unsolved the new Directive will give the advertising world more flexibility. The proposed Directive would clarify existing rules regarding product placement, which, for instance, is currently prohibited in Germany. Advertisers could pay for their branded products to appear on television shows. The update of the Directive would remove quantitative limits on advertising and simplify the rules on inserting advertising in television programmes. Advertisers together with the broadcasters can decide on the best moment to insert advertising in the programmes and would not be limited to the currently existing twenty minutes between advertising breaks. Other forms like Split-screen, virtual advertising, mini-spots or interactive advertising would be permitted. Advertisers for certain products, such as the manufacturing and sale of medical products as well as for cigarettes and tobacco products need to closely watch the restrictions contemplated in the Directive. In sum, advertisers will adjust their advertising on audiovisual media services and should make use of the flexibility given within the legal framework.