Product Placements in the Electronic Media

Product placements in audiovisual contents are occurring increasingly frequently, among other things because of the increasing reception of contents via on-demand services both in traditional media and in the new media, particularly computer games. The so-called principle of separation is regarded as one of the core principles of media law and it even displays constitutional roots. It stipulates that advertising must be separated from the rest of the programming. Product placements can come into conflict with this principle.

This PhD-project essentially concentrates on the question as to how far product placements come under the sub-constitutional, national and European legal framework of the principle of separation. Here, the European Audiovisual Media Services Directive, which allows member states to permit product placements under certain conditions, receives particular attention. In a further step, it is asked how far differing regulations in the respective areas of the media are justified constitutionally. Further investigation looks at the extent to which it is relevant for the constitutional assessment whether the product placement is integrated into information or entertainment for-mats. Finally, the project will consider other systems of law and offer its own suggestions for regulation.