EU ban on tobacco advertising concerns Germany
The EU no longer allows tobacco products to be advertised in print media and on the internet. Germany had taken legal action against this directive at the European Court of Justice and suffered a provisional defeat on Tuesday.
The EU no longer allows tobacco products to be advertised in print media and on the internet. Germany had brought an action against this directive before the European Court of Justice and suffered a temporary defeat on Tuesday. EU Advocate General Philippe Léger suggested that the Court dismiss the German complaint. Although the Advocate General's opinions are not binding on the Court of Justice, they often determine the direction of the judgment. If the case is dismissed, Germany will also have to ban cigarette advertising in newspapers and magazines, radio and the Internet in future. The ruling is expected in October.
Germany saw the directive as a disproportionate encroachment on freedom of advertising. The EU directive should have been implemented by July 31, 2005. Germany has not yet done so. Consumer Minister Horst Seehofer announced in Berlin on Tuesday that he would immediately introduce a law to implement the advertising ban. The Central Association of the German Advertising Industry (ZAW) and the press associations appealed to the Federal Government in a letter on Tuesday to wait until the final decision of the European Court of Justice before implementing the directive. They also call for the tobacco advertising ban to only be legally applied in cross-border print media if the case is dismissed. The associations also believe that freedom of the press is threatened by content requirements for editorial media content in connection with the tobacco advertising ban. In France, for example, a newspaper had already been fined because the logo of a cigarette brand was recognizable in a sports report.
The ZAW estimates the economic consequences of the tobacco advertising ban at 118 million euros. Further censorship attacks by the EU on other sectors could also lead to advertising losses of over 2.7 billion euros. This amount currently corresponds to 14 percent of the media's net advertising revenue. The ZAW also criticizes the fact that the envisaged advertising ban contradicts the model developed by the European Court of Justice of the life-competent consumer who is accustomed to advertising. The censorship is virtually a slap in the face for consumers.
Germany saw the directive as a disproportionate encroachment on freedom of advertising. The EU directive should have been implemented by July 31, 2005. Germany has not yet done so. Consumer Minister Horst Seehofer announced in Berlin on Tuesday that he would immediately introduce a law to implement the advertising ban. The Central Association of the German Advertising Industry (ZAW) and the press associations appealed to the Federal Government in a letter on Tuesday to wait until the final decision of the European Court of Justice before implementing the directive. They also call for the tobacco advertising ban to only be legally applied in cross-border print media if the case is dismissed. The associations also believe that freedom of the press is threatened by content requirements for editorial media content in connection with the tobacco advertising ban. In France, for example, a newspaper had already been fined because the logo of a cigarette brand was recognizable in a sports report.
The ZAW estimates the economic consequences of the tobacco advertising ban at 118 million euros. Further censorship attacks by the EU on other sectors could also lead to advertising losses of over 2.7 billion euros. This amount currently corresponds to 14 percent of the media's net advertising revenue. The ZAW also criticizes the fact that the envisaged advertising ban contradicts the model developed by the European Court of Justice of the life-competent consumer who is accustomed to advertising. The censorship is virtually a slap in the face for consumers.
