Fairness Commission: Lawyer threatens criminal charges

On behalf of his client, the lawyer threatened criminal proceedings against the members of the Board of Trustees and the members of the Fairness Commission and its secretary. This was prompted by a letter from the SLK dated December 15, 2009, in which the client was informed that a complaint had been filed with the SLK by a competing company for unfair advertising. On behalf of the client, the law firm "formally objects to this unlawful request." The letter was sent to various members of the foundation and commission and requests that they refrain from acting on the complaint. If this does not happen, criminal complaints and charges will be filed.
The reason given for the threat is that the SLK's actions are unlawful and that the Foundation's bodies are arrogating to themselves a judicial function. In addition, the rules of procedure are seriously flawed and disregard the rule of law. The letter, which was sent to the parties on December 15, 2009, was intended to intimidate the parties and force them to enter an appearance.

EDI to investigate the incident
The SLK has taken note of this submission and, after thorough consultation, has decided to forward the matter to the Federal Department of Home Affairs (FDHA), according to the communiqué. As part of its statutory supervision of foundations, the FDHA is to examine ex officio whether the SLK's activities are inadmissible, as alleged by the respondent. This is in light of the fact that the FDHA has examined and approved the statutes and regulations of the Foundation and the Commission. Until the FDHA has reached a decision, the SLK will not be involved in the relevant proceedings.
The SKL has been in existence since 1966 and, as a self-regulatory body of the advertising industry, has been striving for fair advertising ever since. It has been recognized by practitioners and academics for decades. Its decisions are notified to the parties. If a company does not cease advertising that is deemed unfair, it publishes its decision in the media. The Commission can rely on around 20 experts from the administration, the Equal Opportunities Office, publishing houses and the like when making its decisions. Decisions can be referred to the courts.