Ignoring reality
Op-ed by Urs Renner on the National Council’s plans to use the Radio and Television Act (RTVG) to protect minors from targeted advertising: «Unworkable,» is his verdict.
Guest commentary by Urs Renner on the National Council's ideas to protect minors from targeted advertising with the RTVA: "Unsuitable" is his verdict. When discussing the RTVA, the National Council passed a number of problematic resolutions which, on the one hand, clearly contradict the European advertising regulations (EÜGF) and, on the other, cannot be implemented in practice. This is particularly evident in the protection of minors. The new Article 15 formulated by the National Council now reads: "Advertising, sales promotion and sponsorship aimed at minors are prohibited." At first glance, this wording seems simple. However, simple does not mean clear. This is because it is practically impossible to transpose this article into a corresponding ordinance. The article leaves the main question unanswered: What are the criteria that determine whether an advertisement, sales promotion or sponsorship is aimed at minors?Is the advertised product or service the decisive factor? In this case, this wording leads to a de facto ban on the advertising of products that are used by both minors and adults. This includes, for example, practically all foodstuffs, public transport, bicycles, motorcycles and many other products and services. It is unlikely to be the intention of the National Council to ban all advertising for these products on radio and television.
It is more likely that the content of an advertisement has been on the minds of the ladies and gentlemen of parliament. In this case, an expert commission in the style of a censorship authority would have to be set up to assess every commercial, every sales promotion and every sponsorship before it is broadcast to determine whether it is aimed at minors. A minefield for everyone involved and, above all, an unaffordable expense.
One could also take the view that the audience of the channel in which the commercial is broadcast is decisive. However, this again raises more questions than answers: What percentage of viewers under the age of 18 is a program aimed at minors? Is the audience of the program before or after the advertisement is broadcast the decisive factor? Or is it the target audience that is addressed by a program? In this case, it would be nonsense to award a license for a Zurich youth radio station now. This would simply no longer be financially viable once the new law came into force. Furthermore, this approach would lead to blatant discrimination against certain programs.
The only thing that is actually clear is that the simply worded article cannot be implemented in practice. The Interessengemeinschaft elektronische Medien IGEM has therefore proposed to the members of the Council of States Committee that the protection of minors be regulated in the EÜGF in line with European regulations. After all, Swiss children also consume foreign programs on a daily basis - including advertising.
> Urs Renner, Mediaedge:cia, President of the Interessengemeinschaft Elektronische Medien IGEM.
It is more likely that the content of an advertisement has been on the minds of the ladies and gentlemen of parliament. In this case, an expert commission in the style of a censorship authority would have to be set up to assess every commercial, every sales promotion and every sponsorship before it is broadcast to determine whether it is aimed at minors. A minefield for everyone involved and, above all, an unaffordable expense.
One could also take the view that the audience of the channel in which the commercial is broadcast is decisive. However, this again raises more questions than answers: What percentage of viewers under the age of 18 is a program aimed at minors? Is the audience of the program before or after the advertisement is broadcast the decisive factor? Or is it the target audience that is addressed by a program? In this case, it would be nonsense to award a license for a Zurich youth radio station now. This would simply no longer be financially viable once the new law came into force. Furthermore, this approach would lead to blatant discrimination against certain programs.
The only thing that is actually clear is that the simply worded article cannot be implemented in practice. The Interessengemeinschaft elektronische Medien IGEM has therefore proposed to the members of the Council of States Committee that the protection of minors be regulated in the EÜGF in line with European regulations. After all, Swiss children also consume foreign programs on a daily basis - including advertising.
> Urs Renner, Mediaedge:cia, President of the Interessengemeinschaft Elektronische Medien IGEM.
