TV gambling does not violate lottery law
The Federal Supreme Court has overturned a ruling by the Zurich District Court: The TV game shows produced by Voice Publishing do not violate the Lottery Act.
The Federal Supreme Court has overturned a decision by the District Court of Zurich: The TV games of chance produced by the company Voice Publishing do not violate the Lottery Act. The controversial competitions were broadcast on Sat.1 Switzerland and Viva Switzerland, among others. Participation was possible via paid telephone calls, but also via the Internet, postcards and WAP. The canton of Zurich filed a criminal complaint with the Zurich governor's office on suspicion of violations of the lottery law. This office ruled in December 2005 that the lotteries were illegal. It had argued that the games of chance violated the Lottery Act due to the lack of equal opportunities. As a precautionary measure, the proceeds were blocked (see
). The district court rejected an appeal and the production company appealed to the Federal Supreme Court. Although the Federal Court did not uphold the federal nullity appeal, it did uphold the appeal under constitutional law. It overturned the decision of the District Court of Zurich, as stated in the ruling published on Thursday, September 6.
The ruling is based on the fact that the TV stations also offered free participation opportunities in their games. It is true that the senders of postcards did not have the same chances of winning as the users of the telephone numbers. On the other hand, it was also possible to take part in the TV competitions via the Internet, according to the statement. It is irrelevant that participation via the Internet and WAP may be more complicated and less convenient than a phone call - even if the organizers probably expect that these means will be used infrequently.
). The district court rejected an appeal and the production company appealed to the Federal Supreme Court. Although the Federal Court did not uphold the federal nullity appeal, it did uphold the appeal under constitutional law. It overturned the decision of the District Court of Zurich, as stated in the ruling published on Thursday, September 6.
The ruling is based on the fact that the TV stations also offered free participation opportunities in their games. It is true that the senders of postcards did not have the same chances of winning as the users of the telephone numbers. On the other hand, it was also possible to take part in the TV competitions via the Internet, according to the statement. It is irrelevant that participation via the Internet and WAP may be more complicated and less convenient than a phone call - even if the organizers probably expect that these means will be used infrequently.
