Wine Law

288 WINE LAW events taking place abroad cannot sell the retransmission rights to those broadcasters if the transmission of the television programmes of such events is likely to contain indirect television advertising for those alcoholic beverages. However, such rules on television advertising pursue an objective relating to the protection of public health within the meaning of Article 56(1) of the Treaty (now, after amendment, Article 46(1) EC) since the measures restricting the advertising of alcoholic beverages in order to combat alcohol abuse reflect public health concerns. Furthermore, such rules are appropriate to ensure that aim and they do not go beyond what is necessary to achieve such an objective. They limit the situations in which hoardings advertising alcoholic beverages may be seen on television and are therefore likely to restrict the broadcasting of such advertising, thus reducing the occasions on which television viewers might be encouraged to consume alcoholic beverages.”. As mentioned, even though alcohol promotion is under the national law of each country, a directive passed in order to harmonise alcohol broadcasting in Europe – Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13 and rules about public advertisement. Is it more commonly refer to as the Audiovisual Media Services Directive and follows the French law’s premises: Member States shall ensure that audiovisual commercial communications provided by media service providers under their jurisdiction comply with several requirements: “audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages” [art. 9(e)]. Furthermore, limitation on advertisement contents was also assign: “Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria: (a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages; (b) it shall not link the consumption of alcohol to enhanced physical performance or to driving; (c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success; (d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; (e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; (f) it shall not place