Political advertising on radio and TV: Court upholds complaint by CH Media

From August 11 to 18, 2020, the CH Media TV stations Tele Züri, 3+, 4+ and 5+ aired several times a commercial on behalf of an ostensibly non-profit organization, which showed a girl running through green meadows, through a town and along a lake in a mountain landscape. The girl praised the beauty of nature and asked the viewers to protect the landscape. On the final statue was the writing "For the protection of the landscape and culture of Switzerland".

From August 18, 2020, a film was published on the Internet, the first part of which contained largely the same images as the TV commercial and the second part of which was supplemented with new images and statements. At the end of the online film, a recommendation was made for the referendum of September 17, 2020 "For moderate immigration (limitation initiative)". The Federal Office of Communications, or OFCOM, subsequently investigated this TV commercial and found a violation of the ban on political advertising on TV before referenda. CH Media appealed against the decision to the Federal Administrative Court. Because of the online film, which was shown on social media and elsewhere, OFCOM did not even take action - since political advertising is permitted in media other than radio and TV.

Court finds no violation

In its ruling, the Federal Administrative Court states that the online film, which was published on the Internet on August 18 after the TV commercial was broadcast, is not subject to the ban on political advertising before votes under the Federal Law on Radio and TV (RTVA). In addition, the TV spot had no recognizable connection to the limitation initiative or a related topic, which meant that it could not be recognized as prohibited political advertising at the time of the TV broadcast. Finally, according to the court, it was not possible for the broadcaster to determine that the TV spot was part of a cross-media voting campaign prior to publication of the online film. CH Media is pleased with the ruling and sees itself confirmed that it did not violate applicable law in the case in question.

Regulation concerning political advertising is to be questioned

The current ruling is a reason for CH Media to initiate a discussion about which media allow political advertising and which do not. "Political advertising is banned on TV and radio, but allowed in other media. This is strange and incomprehensible, especially since Internet platforms such as social networks or search engines hardly know any rules in the area of political advertising," says Anne Peigné de Beaucé, Head of Public Affairs at CH Media and Managing Director of the Swiss Private Television Association, or VSPF for short.