Federal court also disapproves of cell phone porn advertising on Star TV
The Federal Supreme Court has upheld a decision by the Independent Complaints Authority for Radio and Television (UBI) that commercials shown on the television channel Star TV for downloading porn videos to cell phones are illegal. The commercials are harmful to minors and violate programming law.
The Federal Supreme Court has upheld a decision by the Independent Complaints Authority for Radio and Television (UBI) that commercials shown on the television channel Star TV for downloading porn videos to cell phones are illegal. The commercials are harmful to minors and violate programming law.
The commercials were broadcast after midnight during commercial breaks of the now discontinued erotic program Lovers TV. Following the UBI and the District Court of Zurich, the Federal Supreme Court has now also ruled that the commercials went beyond what was "permissible in terms of broadcasting law from an erotic point of view". Various sexual practices were shown unambiguously and the genitals were only covered pro forma. The pornographic effect was exacerbated by the crude comments. People are depicted in a vulgar and primitive manner as mere sexual objects, and inhuman behavior in the sexual sphere is glorified as common, positive and worthy of imitation, according to the Federal Court's reasoning.
According to a report by SDA, Star TV notes that the Federal Court shares the UBI's strict view that the advertising spots examined in their specific form violated the morality requirement under broadcasting law. However, unlike the UBI, the Lausanne judges do not believe that all advertising for adult services via MMS is inadmissible because portable communication is primarily aimed at a young audience. The Federal Supreme Court clarified that TV advertising for corresponding MMS is not prohibited in principle. It is not the broadcaster but the provider who is responsible for compliance with the protection of minors when downloading the advertised sequences.
The commercials were broadcast after midnight during commercial breaks of the now discontinued erotic program Lovers TV. Following the UBI and the District Court of Zurich, the Federal Supreme Court has now also ruled that the commercials went beyond what was "permissible in terms of broadcasting law from an erotic point of view". Various sexual practices were shown unambiguously and the genitals were only covered pro forma. The pornographic effect was exacerbated by the crude comments. People are depicted in a vulgar and primitive manner as mere sexual objects, and inhuman behavior in the sexual sphere is glorified as common, positive and worthy of imitation, according to the Federal Court's reasoning.
According to a report by SDA, Star TV notes that the Federal Court shares the UBI's strict view that the advertising spots examined in their specific form violated the morality requirement under broadcasting law. However, unlike the UBI, the Lausanne judges do not believe that all advertising for adult services via MMS is inadmissible because portable communication is primarily aimed at a young audience. The Federal Supreme Court clarified that TV advertising for corresponding MMS is not prohibited in principle. It is not the broadcaster but the provider who is responsible for compliance with the protection of minors when downloading the advertised sequences.
