Alcohol spot: SRG does not have to hand over entire revenue to federal government
SRG only has to hand over one-third of its revenue from an alcohol commercial to the federal government. According to the Federal Administrative Court, the entire revenue may not be confiscated because only the last part of the spot contained an impermissible sales offer.
Since the end of February last year, it has once again been permitted to advertise alcoholic beverages on television. However, it is forbidden to make viewers a specific offer that they can take up immediately with the option of ordering.
In March 2010, the Swiss Radio and Television Company (SRG) had broadcast commercials of a winery. At the end of the program, a special offer for six bottles of wine was presented, and the company's telephone number and internet address were displayed for orders. The Federal Office of Communications (Bakom) considered this to be a violation of the ban on sales offers for alcohol, which was not disputed by SRG. It did not agree, however, with Bakom's order to hand over to the federal government the net revenue of CHF 185,000 generated by the spots.
The Federal Administrative Court has now ruled in favor of SRG and decided that it only has to pay the federal government one-third, or just under CHF 62,000. According to the judges in Bern, the decisive factor is that the spot was not illegal as a whole. In a first part, permitted advertising had been carried out. Only in the last part, the special wine offer with the immediate order possibility had been shown. Accordingly, the revenue to be collected had to be split. The decision can still be appealed at the Federal Court. (SDA)
