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Ethical and legal rules of advertisement
Machů, Zuzana ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
This diploma thesis is dedicated to the legal and ethical rules of advertisement, not only in relation to definitions and provisions of enactments and codes, but also to the point of view of cases solved in accordance to these rules. The thesis contains the definition of advertisement, characterization of illegal and unethical advertisement, description and comparison of self-regulation in the Czech Republic and the United Kingdom, including codes which are applied by these bodies. The self-regulation of European Union is described marginally. The other part of the thesis represents opinions of consumers in connection with ethical principles in advertisements and advertisements in general. A significant part of the thesis is dedicated to the analysis of complaints and cases received and resolved by both self-regulatory bodies in the Czech Republic and the United Kingdom and cases resolved by Czech courts.
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Women, children and advertising - legal and ethical aspects
Stejskalová, Radka ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.
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A Comparison of the Ethical Regulation and the Legislation Governing Commercials
Hübnerová, Daniela ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
This diploma thesis deals with commercials aimed at children, and compares the ethical regulation and the legislation by which the commercial is regulated. First of all, the regulation dealing with commercials is briefly described, then the focus of the thesis shifts towards the effects that commercials have on children and also towards the specific legislation that pertains to the child-oriented commercials. Furthermore, the thesis discusses the importance of legal rules and the Code of Conduct that deal with commercials, and compares the content of both types of regulation (again with relevance towards the child-oriented commercials). This text contains examples of decisions of appropriate authorities in connection to the harmfulness of particular commercials, and also an analysis of selected child-oriented commercials that are currently aired. An integral part of this thesis includes a research aimed at the effects of commercials on children, and also at the public awareness of the regulation that go with the child-oriented commercials.
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Commercial and legal aspects of trademark in the field of gluten-free products
Lášková, Tereza ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The diploma thesis deals with the gluten-free labelling placing emphasis on a trademark. The introductory chapter depicts specification of products suitable for gluten-free diet. The thesis assesses and compares commercial and legal aspects of trademark, quality mark and designation specified in public law. These are evaluated in connection with products suitable for gluten-free diet. The concluding part is devoted to an analysis of the European Licensing System.
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Consumer misleading in the field of food labeling
Nezgodová, Lenka ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
This thesis deals with consumer misleading in the field of food labeling. The goal of the thesis was to determine specific products that may mislead consumers by their location and label in particular hypermarkets in Prague and Frýdek-Místek. Analysis of the potential misleading of the consumers has three parts -- examining of an obligatory information on the product package, checking of the location of the products in the shops, and the questionnaire. One part of the thesis deals with law (acts, judgements and other regulations) in the field of food labeling and misleading the consumer.
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The influence of digitization on the Czech media law and legal environment
Zápotocký, Jan ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The diploma thesis The influence of digitization on the Czech media law and legal environment deals with the transformation of media law and legal environment during the transition from analogue to digital broadcasting in the Czech Republic. The text describes and evaluates change of the broadcasting legislation, and emphasizes not only the actual changes in legal regulations, but also the legislative process and influences that have affected the final text of the laws. In the introduction thesis describes the development of existing legislation, both domestic and the acquis communautaire. In further parts it answers the question how relevant, understandable and conceptual the change in the media legislation was, how these changes correspond to the current technical and organizational requirements of the media market and how the process have been influenced by jurisdictional dispute between Council for Radio and Television Broadcasting and Czech Telecommunication Office. In the second half space is devoted to the licensing procedure of new digital television and following litigation as well as a comparison with Slovak regulatory framework. Regarding the major changes of the legislation the author recommends adjustments de lege ferenda.
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Product placement and its legal aspects
Korčeková, Andrea ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The thesis deals with analysis of legal aspects of product placement. First, it looks at product placement from a general point of view. The work explains past legal framework where product placement was a part of "unfair competition" both in EU and Czech Republic. Then, it analyzes particular articles of directive 2007/65/EC which regulates the term product placement as the first in the history. The analyses showed that there are a lot of vague and disputable terms, e. g. "significant value", provision "free of charge", or ensuring that viewers are "clearly informed" about existence of product placement. Further, the work analyzes an implementation of the directive to the czech law and its comparison with Slovakia. Product placement was translated into czech law as "umístění produktu". The implementation is reflected in the "on-demand audiovisual media services Act" but also in the amendment of Act Nr. 231/2001 Sb. By contrast, Slovakia did not create a new special Act for non-linear audiovisual media services, just amended Act Nr. 308/2000 Z.z. and some other affecting laws. Finally, the work confronts the legal theory with praxis. This is done by a survey. The most important result of the survey showed that almost a half of the respondents think that product placement is not a commercial practice. This fact highlights the importance of ensuring that viewers are "clearly informed" about the existence of product placement and also the provision of consumer protection.
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Aggressive commercial practicies
Tomanová, Magdaléna ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
Diploma thesis evaluates the effectiveness of legal instruments to prevent the use of aggressive commercial practices. Thesis is divided into two main chapters, the first is the protection against aggressive commercial practices in business to consumer market and the second part is dedicated to the protection against aggressive practices in the business to business market. Each section compares the European protection of aggressive commercial practices (and also through European legislation implemented in Czech law) with the protection of those practices in U.S. law. The first part of thesis deals with the protection of consumers against aggressive commercial practices. In European law it mainly regulated by Directive on unfair commercial practices. The Directive is implemented in Czech Republic in mainly in Consumer Protection Code and in the Advertising Code. Private protection against aggressive commercial practices is embodied in provision of unfair competition of the Commercial Code. Protection of personality, privacy and personal data is another form of protection against aggressive practices. In U.S. law, public consumer protection is represented by Federal Trade Commission. In private law, consumers seek redress in court through actions for torts. In relations between competitors is the protection against aggressive commercial practices regulated by unfair competition and by antirust law. Antitrust law in European Union is represented by 81 and 82 of the EC Treaty. Unfair Competition Law in the U.S. in the B2B market is the part of business torts. Antitrust law is represented by Federal Trade Commission and the Ministry of Justice. The last part of Diploma Thesis is concerned with aggressive commercial practices that very often are accompanying the offers in time-sharing field and with children aggressive commercials, as a example of aggressive commercial practices in practice.
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Transfer of personal data abroad
Jeřábková, Helena ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The purpose of the work is to evaluate the stage of development of the rules for tranfer of personal data for the European union to the third countries. First it gives necessary information regarding the protection of personal data in general including the key terms, basic principles and also the legal framework. The second part explains the legal mechanism of tranfer of personal data from EU abroad with the use of the term "adequate protection." Possible methods of such tranfer which are in compliance with the requirement of provision of the adequate protection to the protection ensured in the European Union are given. The third part concentrates on the development of the negotiations between the United States and the European Union about the transfer of personal data of air passengers and resulting legal arrangement. The work also describes current trends and provides possible future development of this sphere.
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