The analysis conducted by the National Broadcasting Council Domo + program, issued on 11 January 2015. In the chair. 7.00 – 20.00 and recording broadcasts showed a violation of Art. 16c paragraph 1 of the Act on radio and television.
In the analyzed materials appeared unmarked in no way commercial messages, which promote specific products and exhausted hidden signs of commercial communication. Viewers them the viewer could get the impression that those transfers are in information about goods and services, transmitted by the sender, not promotional material.
When assessing the extent and gravity of the infringement taken into account that a statutory prohibition disguised commercial communication is particularly important because of the need to protect consumers and their right to information as to the true nature of the message.
An analysis program issued on January 20 pm. 21.38 in the program TVP 2, showed a violation of Art. 16c paragraph 1 of the Act on radio and television.
The show aired outside the block containing advertising message marked as commercial content clearly promotional nature, which introduced a viewer.
In imposing sentence, the National Broadcasting Council took into account the statutory requirements set out in Article . 53 paragraph. 1 of the Law on Broadcasting, ie. The scope and gravity of the infringement and the financial capabilities of the sender. In assessing the scope and degree of harmfulness of breach of authority it took into account the fact that the infringement took place in a program broadcast on the program widely available in the framework of digital terrestrial television and the high audience, placing it at the forefront of television programs in Poland. Additionally taken into account was the fact that the infringement was in the public broadcaster.
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