In the dual broadcasting market, it is necessary to ensure that applicable regulations are observed in the field of advertising, which is an especially important area in economic terms. This is necessary in order to maintain a balance in competition among the private broadcasters and between ORF and the private broadcasters, and to ensure the appropriate level of consumer protection (i.e., for broadcasting listeners and viewers).
As a result, KommAustria is obligated by law to review compliance with these regulations and to evaluate broadcasts by ORF and its subsidiaries as well as the private broadcasters at regular intervals (at least once per month). In cases where a legal violation is suspected, the broadcaster in question is given an opportunity to respond with comments and opinions. Where those responses are not sufficient to dispel the suspicion of a legal violation, KommAustria reports the case to the Federal Communications Senate (BKS) or initiates a procedure in order to investigate the suspected violation.
In cases where a violation of the ORF Act (i.e., on channels broadcast by ORF and its subsidiaries) is suspected, the procedure for identifying legal violations is carried out by the BKS after receiving a report from KommAustria. For suspected violations of the Private Television Act or Private Radio Act (i.e., by private broadcasters), this procedure is carried out by KommAustria itself. In this context, appeals against KommAustria decisions can also be submitted to the BKS.
Decisions of fundamental importance are made public. The law no longer requires the publication of monthly evaluations and their preliminary results.
One of the key principles of advertising regulation in Austria is the separation of advertising and broadcast content.
For more information, please refer to the following sections of the RTR web site: