Federal Court allows call lotteries to continue for the time being
Voice Publishing's appeal against the withdrawal of 0901 numbers has been granted suspensive effect.
On April 25, 2005, the Federal Office revoked
for Communication (Bakom) some 0901 numbers, which are used in
Call competitions from Voice Publishing on Viva Switzerland, Sat.1
and Star TV were used. In the game shows, viewers are
to leave their own number by telephone. Individual
Callers are called back and can win money or other prizes.
win. Bakom was of the opinion that the operators had the
price information was not displayed prominently enough, and had
also suspected that the games violated lottery legislation.
could be violated. The Federal Office was also disturbed by this circumstance,
that the fee was also charged if callers merely listened to a tape recording.
with the message "Bad luck". A possible
Bakom withdrew the suspensive effect of the appeal against the withdrawal of the numbers.
Voice Publishing was submitted to the Federal Council at the end of May.
Appeals Commission and demanded that it revoke the suspensive effect of the
complaint, which the Commission upheld. Against this
now the Department of the Environment, Transport, Energy and Communications
(Uvek) again lodged an appeal with the Federal Supreme Court. This has now
found that the suspensive effect was rightly granted and that the
is. It weights the interests of Voice Publishing higher than those of
of the callers, as the legal situation is by no means as clear as the
Uvek. It could therefore not already be assumed,
that the gaming operator generates its profits unlawfully
had. In addition, the provider had suffered considerable losses in sales.
amount, while callers have to pay a fee of 1.50
francs, which is acceptable in comparison with other cases - even if
it would later turn out that the gaming operators were not
had acted in accordance with the law. Until the main hearing, the
competitions will therefore continue to be broadcast.
for Communication (Bakom) some 0901 numbers, which are used in
Call competitions from Voice Publishing on Viva Switzerland, Sat.1
and Star TV were used. In the game shows, viewers are
to leave their own number by telephone. Individual
Callers are called back and can win money or other prizes.
win. Bakom was of the opinion that the operators had the
price information was not displayed prominently enough, and had
also suspected that the games violated lottery legislation.
could be violated. The Federal Office was also disturbed by this circumstance,
that the fee was also charged if callers merely listened to a tape recording.
with the message "Bad luck". A possible
Bakom withdrew the suspensive effect of the appeal against the withdrawal of the numbers.
Voice Publishing was submitted to the Federal Council at the end of May.
Appeals Commission and demanded that it revoke the suspensive effect of the
complaint, which the Commission upheld. Against this
now the Department of the Environment, Transport, Energy and Communications
(Uvek) again lodged an appeal with the Federal Supreme Court. This has now
found that the suspensive effect was rightly granted and that the
is. It weights the interests of Voice Publishing higher than those of
of the callers, as the legal situation is by no means as clear as the
Uvek. It could therefore not already be assumed,
that the gaming operator generates its profits unlawfully
had. In addition, the provider had suffered considerable losses in sales.
amount, while callers have to pay a fee of 1.50
francs, which is acceptable in comparison with other cases - even if
it would later turn out that the gaming operators were not
had acted in accordance with the law. Until the main hearing, the
competitions will therefore continue to be broadcast.
