24. 04. 2014

INCREASING VOLUME DURING COMMERCIALS

In Serbia, the maximum allowed volume is 50 kilohertz, but the Republic Agency for Electronic Communications (RATEL) has warned certain television and radio stations on multiple occasions because they overstepped the limit three-fold. The practice shows that warnings are not sufficient because so far no punitive measures have been taken. It is well known that increased volume during commercials has an irritating effect on consumers as a cheap trick.

Citizens complain that they have to reach for the remote control every time to change the channel before the commercial break. The problem is that citizens adjust the volume on the TV set at a desired level, but when the commercials come there is unbearable noise.

RATEL confirms this and in its statement of 14 April 2014 stresses that consumers point to this problem stating in the complaints addressed at this agency that it causes a sense of unease with viewers and listeners. RATEL warned in its statement that it would initiate misdemeanour charges for all television and FM radio stations which disrespect the warning, in accordance with the provisions of the Law on Electronic Communications

The Republic Broadcasting Agency (RBA) has also received similar consumer objections. In this case, too, it remains unknown whether anyone suffered legal consequences for this offense.

As for the issue of competencies in regulating this problem, a good example is Bulgaria which freed itself from „noisy commercials" by introducing a special law. At the initiative of the Bulgarian Council for Broadcast Media, the parliament decided to regulate this issue with a special law.

The Consumers' Association of Serbia (APOS) warns the public and responsible authorities that this type of offense is not the only one when it comes to television and radio commercials.

Along with increasing volume, it happens that TV and radio stations breach some other provisions of the Law on Broadcasting, but also of the Law on Advertising.

Namely, broadcasters often breach the permitted length of commercials in one slot, and televisions cover this up by removing the broadcaster's logo during the commercials, which makes it difficult for regulatory bodies to prove the offense, while this behavior at the same time violates Article 16, paragraph 2 (longer than six allowed minutes of commercials in an hour) and Article 19, paragraph 2 (commercial blocks without marking).

Consumers have much more problems with the frequent offense of broadcasters related to their obligation that „advertising message which points to a telephone number with a special tariff must contain the amount of the tariff, visible throughout its duration". Commercials with this offense most frequently target children and minors, who are in the group of particularly vulnerable consumers.

Current Law on Advertising dates back to 2005. What is well defined in it is still not implemented in practice. In 2013, a working group for the production of new law was formed. Therefore, we call on the future Government of Serbia to bring order to public advertising as soon as possible and allow consumers to participate in the production of the law and its implemenation in practice through their representatives in the National Council for Consumer Protection.