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Case detail

Directive article National ID Ombudsman of the Consumer 25th of April 2007 (Protocol No 926)
Country Greece Decision date 25/04/2007
Common name Decision type Other
Court Συνήγορος του Kαταναλωτή Plaintiff(s) ENOSI PROSTASIAS KATANALOTON SERRON (E.P.KA.S)
Court translation Ombudsman of the Consumer Defendant(s)
Subject age
Keywords agechildrenparentsvulnerable consumer

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Headnote

It is an unfair commercial practice for a newspaper to provide pornographic gifts to its customers (particularly towards minors) because such gifts do not comply with the purpose of a newspaper. 

Facts

The plaintiff, a consumer protection union, complained that some newspapers gave DVDs with hard pornographic material as a present for the purchase of their issues.

Legal issue

Is it an unfair commercial practice for a newspaper to provide pornographic gifts to its customers? 

Decision

Using mass media (such as newspapers) to distribute harmful content was characterized as a significantly unfair commercial practice, as such a practice does not comply with the purpose of a newspaper.

Using a DVD with harmful content as a promotional tool constitutes an unfair commercial practice, especially against minors (who can be easily seduced by such offer, for which they cannot assess the suitability).

  URL Decision Decision full text
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Result

The Ombudsman of the Consumer requested all implicated parties to undertake all necessary actions to eliminate the negative consequences for the public, especially for minor consumers. 

The Ombudsman also called the police and the judicial authorities to apply art. 280 of the Code of the Criminal Law Procedure (regarding the seizure of proof) in order to seize the DVDs.

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