SRG spot: Court upholds Tamedia
SRG violated the Unfair Competition Act with a video commercial. The Commercial Court of the Canton of Zurich has thus ruled entirely in favor of Tamedia, the media company that filed the lawsuit.
The ruling was made on October 3, as the NZZ am Sonntag writes. The stumbling block was the video spot "Service public und Wirtschaftlichkeit" ("Public service and economic efficiency"), in which the SRG compares the reception fees with subscription prices of Tamedia newspapers. The conclusion was that reading newspapers was more expensive. Tamedia subsequently pointed out to SRG that the comparison contained factual errors and was therefore inadmissible - without success. The media company filed a lawsuit in May 2013. You can't compare mandatory charges with voluntary newspaper subscriptions, says Tamedia spokesman Christoph Zimmer.


The court has now ruled in favor of Tamedia. Price comparisons are only permissible if the quantity and quality are the same. And there can be no question of a symbolic comparison if SRG mentions specific newspaper titles, according to the ruling. SRG must now take the spot off the net, otherwise it risks a fine of up to 10'000 francs. In addition to the legal costs, it must also pay Tamedia compensation of 14'000.
The spot is still online. As SRG spokesman Daniel Steiner explained to the NZZ am Sonntag, the decision will be appealed to the Federal Court. It is therefore assumed that the appeal will have a suspensive effect. From Tamedia's point of view, however, the announced appeal "does not legally change the SRG's obligation to remove the video immediately," Christoph Zimmer told the news agency SDA on Sunday. (hae/NZZaS)







