ECJ: The Italian rule on television advertising, which lays down lower hourly limits for advertising for pay – TV broadcasters than for free – to – air TV broadcasters , is, in principle, compatible with EU Law

The Audiovisual Media Services Dir ective 1 makes television advertising subject to minimum rules and standards, in or der to ensure that the interest s of consumers as television viewers are protected. In that regard, it sets a limit of 20% of advertising and teleshopping spots per hour, but leaves the Member States the option of setting m ore detailed or stricter rules f o r media service providers under their jurisdiction. The Italian legislation provides t h at the transmission of advertis e ments by the holder of the general public broadcasting service concession may not exceed 4% of weekly programming time and 12% of each hour. T he t ran smis s ion of advertising spots by other free – to – air TV broadcasters may not exceed 15% o f daily programming time and 18% of each hour, whilst for pay – TV broadcaste rs , it could not exceed, for 2011, 14% of each hour (in those two cases, any advertising in excess there of – which, in any event, cannot exceed 2% in any given hour – must be offset by a reduction in the preceding or following hour). Here to read more.