Created by the law of 27 August 2013, the Independent Audiovisual Authority of Luxembourg ("ALIA") is ready to become fully operational. The Luxembourg government approved in late October 2014 the composition of its consultative assembly, whose purpose is to submit non-binding opinions to the ALIA's board of directors.
As part of its prerogatives and functions, the ALIA must encourage audiovisual service providers to establish codes of ethics which should address inappropriate audiovisual commercial communications during children's programmes and commercial communications concerning food and beverage products whose excessive consumption is not recommended.
The ALIA also has to ensure that the audiovisual service providers in Luxembourg comply with the rules relating to advertising in TV and radio programmes.
To this end, in the event of a breach of the provisions of the Luxembourg law of 27 July 1991, including those relating to commercial communications, the ALIA may impose administrative penalties up to EUR 25,000 as well as the publication of a press release.
If the infringer refuses to stop its unlawful conduct, the fine may be doubled or, if the ALIA deems it appropriate, it may recommend the Government to temporarily suspend or definitively withdraw the concession or permission granted to the audiovisual service provider. Undoubtedly, this power of sanction will contribute to strengthen the efficiency and the credibility of the ALIA.
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