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Kiss FM loses appeal over fine for adverts with horn sounds

Nicosia, Cyprus. The supreme constitutional court has thrown out an appeal by radio station Kiss FM against a fine imposed for airing advertisements deemed unsuitable for drivers.


Court ruling

In a ruling made public on Wednesday, the court said Kiss FM had challenged an earlier decision by the administrative court, which found that the station had broken the law by broadcasting two adverts for Burger King and Esso that included the sound of horns.

The adverts were aired on May 26, 2017, between 6.42pm and 6.47pm. Kiss FM was fined €500 by the administrative court.

Legal basis

The law prohibits adverts that could mislead or cause panic, especially those that mimic a news bulletin.

The court said the adverts were considered dangerous because drivers could have thought someone was hooting at them, which could put drivers and passengers at risk.

Appeal rejected

The appellants argued that this was not the case because the horn sound was low and formed part of the background audio.

The appeals court upheld the administrative court’s ruling and ordered FM to pay €4,200 in expenses.

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