At the Swiss Advertising Association’s Parliamentary Talk, Zurich law professor Andreas Kley spoke about advertising bans and freedom of expression. He analyzed the rampant trend toward «clean» advertising and posed the provocative question of whether political advertising, too, might face a ban. “Opinions of any kind exert influence; in political terms, opinion and its dissemination mean power,” Kley is quoted as saying in a press release from Swiss Advertising. In this respect, advertising is also a tool for exerting influence, albeit a purely economic one.
A Wave of Purity While censorship was still taboo in our country until recently and freedom of speech has been guaranteed since the 19th century, a countertrend is currently taking hold with the increasing number of advertising bans. The cantons have been swept up in a veritable wave of bans. This is an expression of a trend centered on the shift from «political correctness» to «advertising correctness.» Andreas Kley comments: «It is no coincidence that more and more advertising bans are being enacted. It is, however, surprising that the use of the advertised products (e.g., alcohol, tobacco) is not being banned.» Enforcing prohibition is realistically considered impossible. “But if the evil itself cannot be eradicated, then at least the advertising—and thus the visibility of this evil—should be banned,” concluded the legal scholar. In essence, the advertising bans would create a dual reality. On the surface, the world would appear clean because advertising for the product is banned. In real life, however, the product would remain on the market and continue to be used. “This division of the world is linked to a peculiar development in politics: Politics is increasingly shying away from substantive issues because it is difficult to reach a consensus—let alone achieve success—in these areas. Instead, it takes refuge in self-promotion as ‘active politics,’” said Kley.
Will political advertising be banned? Kley drew parallels between commercial and political advertising: «Isn’t politics also something dangerous?» he asked. «Political fanaticism is nothing more than the addiction of a chain smoker—only not to tobacco, but to an idealized world.» Kley concluded that there were certainly valid reasons to ban advertising for political parties and politics.
Society has been swept up in a wave of political correctness that is spreading to more and more areas and could become a threat to freedom of expression and to liberal society itself. In conclusion, Kley stated: «What is not taken into account in the crusade against commercial advertising is that the manipulation of opinion—not to say censorship—can, for reasonable grounds, extend to any opinion. After all, political advertising is often intertwined with economic interests and is, in fact, also a form of commercial advertising. Advertising bans are particularly ripe for political manipulation, since political power is based on public opinion.»